ADMINISTRATIVE CODE OF 1987
"ADMINISTRATIVE CODE OF 1987"
July 25, 1987
WHEREAS, the Administrative Code currently in force
was first forged in 1917 when the relationship between the
people and the government was defined by the colonial
order then prevailing;
WHEREAS, efforts to achieve an integrative and over-all
recodification of its provisions resulted in the
Administrative Code of 1978 which, however, was never
published and later expressly repealed;
WHEREAS, the effectiveness of the Government will be
enhanced by a new Administrative Code which
incorporates in a unified document the major structural,
functional and procedural principles and rules of
governance; and
WHEREAS, a new Administrative Code will be of
optimum benefit to the people and Government officers
and employees as it embodies changes in administrative
structures and procedures designed to serve the people;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of
the Philippines, by the powers vested in me by the
Constitution, do hereby promulgate the Administrative
Code of 1987, as follows:
INTRODUCTORY PROVISIONS
Sec. 1. Title. - This Act shall be known as the
"Administrative Code of 1987."
Sec. 2. General Terms Defined. - Unless the specific words
of the text, or the context as a whole, or a particular statute,
shall require a different meaning:
(1) "Government of the Republic of the Philippines" refers
to the corporate governmental entity through which the
functions of government are exercised throughout the
Philippines, including, save as the contrary appears from
the context, the various arms through which political
authority is made effective in the Philippines, whether
pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local
government.chanrobles virtual law library
(2) "National Government" refers to the entire machinery
of the central government, as distinguished from the
different forms of local governments.chanrobles virtual law
library
(3) "Local Government" refers to the political subdivisions
established by or in accordance with the
Constitution.chanrobles virtual law library
(4) "Agency of the Government" refers to any of the various
units of the Government, including a department, bureau,
office, instrumentality, or government-owned or controlled
corporations, or a local government or a distinct unit
therein.chanrobles virtual law library

(5) "National agency" refers to a unit of the National
Government.chanrobles virtual law library
(6) "Local agency" refers to a local government or a distinct
unit therein.chanrobles virtual law library
(7) "Department" refers to an executive department
created by law. For purposes of Book IV, this shall include
any instrumentality, as herein defined, having or assigned
the rank of a department, regardless of its name or
designation.chanrobles virtual law library
(8) "Bureau" refers to any principal subdivision or unit of
any department. For purposes of Book IV, this shall include
any principal subdivision or unit of any instrumentality
given or assigned the rank of a bureau, regardless of actual
name or designation, as in the case of department-wide
regional offices.chanrobles virtual law library
(9) "Office" refers, within the framework of governmental
organization, to any major functional unit of a department
or bureau including regional offices. It may also refer to any
position held or occupied by individual persons, whose
functions are defined by law or regulation.chanrobles
virtual law library
(10) "Instrumentality" refers to any agency of the National
Government, not integrated within the department
framework vested within special functions or jurisdiction
by law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational
autonomy, usually through a charter. This term includes
regulatory agencies, chartered institutions and
government-owned or controlled corporations.chanrobles
virtual law library
ADMINISTRATIVE CODE OF 1987
(11) "Regulatory agency" refers to any agency expressly
vested with jurisdiction to regulate, administer or
adjudicate matters affecting substantial rights and interests
of private persons, the principal powers of which are
exercised by a collective body, such as a commission, board
or council.chanrobles virtual law library
(12) "Chartered institution" refers to any agency organized
or operating under a special charter, and vested by law
with functions relating to specific constitutional policies or
objectives. This term includes the state universities and
colleges and the monetary authority of the State.chanrobles
virtual law library
(13) "Government-owned or controlled corporation" refers
to any agency organized as a stock or non-stock
corporation, vested with functions relating to public needs
whether governmental or proprietary in nature, and owned
by the Government directly or through its instrumentalities
either wholly, or, where applicable as in the case of stock
corporations, to the extent of at least fifty-one (51) per cent
of its capital stock: Provided, That government-owned or
controlled corporations may be further categorized by the
Department of the Budget, the Civil Service Commission,
and the Commission on Audit for purposes of the exercise
and discharge of their respective powers, functions and
responsibilities with respect to such
corporations.chanrobles virtual law library
(14) "Officer" as distinguished from "clerk" or "employee",
refers to a person whose duties, not being of a clerical or
manual nature, involves the exercise of discretion in the
performance of the functions of the government. When

used with reference to a person having authority to do a
particular act or perform a particular function in the
exercise of governmental power, "officer" includes any
government employee, agent or body having authority to
do the act or exercise that function.chanrobles virtual law
library
(15) "Employee", when used with reference to a person in
the public service, includes any person in the service of the
government or any of its agencies, divisions, subdivisions
or instrumentalities.
BOOK I
SOVEREIGNTY AND GENERAL ADMINISTRATION
Chapter 1
THE NATIONAL TERRITORY
Sec. 3. What Comprises National Territory. - The national
territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial
domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the
Philippines.chanrobles virtual law library
Sec. 4. Territorial Subdivision of the Philippines. - The
territorial and political subdivisions of the Philippines are
ADMINISTRATIVE CODE OF 1987
the autonomous regions, provinces, subprovinces, cities,
municipalities and barangays.chanrobles virtual law library
Chapter 2
THE PEOPLE
Sec. 5. Who are Citizens. - The following are the citizens of
the Philippines:
(1) Those who are citizens of the Philippines at the time of
the adoption of the Constitution;
(2) Those whose fathers or mothers are citizens of the
Philippines;
(3) Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship, unless by the act
or omission they are deemed, under the law, to have
renounced it.chanrobles virtual law library
Sec. 6. Effect of Marriage. - Citizens of the Philippines who
marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law, to have
renounced it.chanrobles virtual law library
Sec. 7. Natural-born Citizen. - Natural-born citizens are
those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine
citizenship in accordance with the Constitution shall be
deemed natural-born citizens.chanrobles virtual law library

Sec. 8. Loss or Reacquisition of Citizenship. - Philippine
citizenship may be lost or reacquired in the manner
provided by law.chanrobles virtual law library
Sec. 9. Dual Allegiance. - Dual allegiance is inimical to the
national interest and shall be dealt with by law.chanrobles
virtual law library
Chapter 3
STATE IMMUNITY FROM SUIT
Sec. 10. Non-suability of the State. - No suit shall lie
against the State except with its consent as provided by
law.chanrobles virtual law library
Sec. 11. The State's Responsibility for Acts of Agents. - (1)
The State shall be legally bound and responsible only
through the acts performed in accordance with the
Constitution and the laws by its duly authorized
representatives.chanrobles virtual law library
(2) The State shall not be bound by the mistakes or errors
of its officers or agents in the exercise of their
functions.chanrobles virtual law library
Chapter 4
NATIONAL SYMBOLS AND OFFICIAL LANGUAGES
Sec. 12. National Flag. - (1) The flag of the Philippines
shall be red, white and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by
law.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
(2) The custody, ceremonial use, occasion and manner of
display, and the proper care and disposition of the flag shall
be governed by appropriate rules and
regulations.chanrobles virtual law library
Sec. 13. National Anthem. - Until otherwise provided by
law, the musical arrangement and composition of Julian
Felipe is adopted as the national anthem. It shall be sung or
played upon the opening or start of all state celebrations or
gatherings and on such other occasions as may be
prescribed by appropriate rules and regulations.chanrobles
virtual law library
Sec. 14. Arms and Great Seal of the Republic of the
Philippines. - (1) The Arms shall have paleways of two (2)
pieces, azure and gules; a chief argent studded with three
mullets equidistant from each other; and, in point of honor,
ovoid argent over all the sun rayonnant with eight minor
and lesser rays. Beneath shall be a scroll with the words
"Republic of the Philippines, " or its equivalent in the
national language, inscribed thereon.chanrobles virtual law
library
(2) The Great Seal shall be circular in form, with the arms
as described in the preceding paragraph, but without the
scroll and the inscription thereon, and surrounding the
whole, a double marginal circle within which shall appear
the words "Republic of the Philippines," or its equivalent in
the national language. For the purpose of placing the Great
Seal, the color of the arms shall not be deemed
essential.chanrobles virtual law library
Sec. 15. Use and Custody of Great Seal. - The Great Seal
shall be affixed to or placed upon all commissions signed by

the President and upon such other official documents and
papers of the Republic of the Philippines as may be
required by custom and usage. The President shall have
custody of the Great Seal.chanrobles virtual law library
Sec. 16. Arms, Seals and Banners of Government Offices. -
The various offices of government may adopt appropriate
coats-of-arms, seals and banners.chanrobles virtual law
library
Sec. 17. Official Languages. - Until otherwise provided by
law, Pilipino and English shall be the official
languages.chanrobles virtual law library
Chapter 5
OPERATION AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. - Laws shall take effect
after fifteen (15) days following the completion of their
publication in the Official Gazette or in a newspaper of
general circulation, unless it is otherwise
provided.chanrobles virtual law library
Sec. 19. Prospectivity. - Laws shall have prospective effect
unless the contrary is expressly provided.chanrobles
virtual law library
Sec. 20. Interpretation of Laws and Administrative
Issuances. - In the interpretation of a law or administrative
issuance promulgated in all the official languages, the
English text shall control, unless otherwise specifically
provided. In case of ambiguity, omission or mistake, the
other texts may be consulted.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 21. No Implied Revival of Repealed Law.- When a law
which expressly repeals a prior law itself repealed, the law
first repealed shall not be thereby revived unless expressly
so provided.chanrobles virtual law library
Sec. 22. Revival of Law Impliedly Repealed. - When a law
which impliedly repeals a prior law is itself repealed, the
prior law shall thereby be revived, unless the repealing law
provides otherwise.chanrobles virtual law library
Sec. 23. Ignorance of the Law. - Ignorance of the law
excuses no one from compliance therewith.chanrobles
virtual law library
Chapter 6
OFFICIAL GAZETTE
Sec. 24. Contents. - There shall be published in the Official
Gazette all legislative acts and resolutions of a public
nature; all executive and administrative issuances of
general application; decisions or abstracts of decisions of
the Supreme Court and the Court of Appeals, or other
courts of similar rank, as may be deemed by said courts of
sufficient importance to be so published; such documents
or classes of documents as may be required so to be
published by law; and such documents or classes of
documents as the President shall determine from time to
time to have general application or which he may authorize
so to be published.chanrobles virtual law library
The publication of any law, resolution or other official
documents in the Official Gazette shall be prima facie
evidence of its authority.chanrobles virtual law library

Sec. 25. Editing and Publications. - The Official Gazette
shall be edited in the Office of the President and published
weekly in Pilipino or in the English language. It shall be sold
and distributed by the National Printing Office which shall
promptly mail copies thereof to subscribers free of
postage.chanrobles virtual law library
Chapter 7
REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS
Sec. 26. Regular Holidays and Nationwide Special Days. -
(1) Unless otherwise modified by law, order or
proclamation, the following regular holidays and special
days shall be observed in this country:
(A) Regular Holidays
New Year's Day - January 1
Maundy Thursday - Movable date
Good Friday - Movable date
Araw ng Kagitingan (Bataan - April 9 and Corregidor Day)
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
Bonifacio Day - November 30
Christmas Day - December 25
Rizal Day - December 30
(B) Nationwide Special Days
ADMINISTRATIVE CODE OF 1987
All Saints Day - November 1
Last Day of the Year - December 31
(2) The terms "legal or regular holiday" and "special
holiday", as used in laws, orders, rules and regulations or
other issuances shall be referred to as "regular holiday" and
"special day", respectively.chanrobles virtual law library
Sec. 27. Local Special Days. - The President may proclaim
any local special day for a particular date, group or
place.chanrobles virtual law library
Sec. 28. Pretermission of Holiday. - Where the day, or the
last day, for doing any act required or permitted by law falls
on a regular holiday or special day, the act may be done on
the next succeeding business day.chanrobles virtual law
library
Chapter 8
LEGAL WEIGHTS MEASURES AND PERIOD
Sec. 29. Official Use of Metric System. - The metric system
of weights and measures shall be used in the Philippines for
all products, articles, goods, commodities, materials,
merchandise, utilities, services, as well as for commercial
transactions like contracts, agreements, deeds and other
legal instruments publicly and officially attested, and for all
official documents. Only weights and measures of the
metric system shall be officially sealed and
licensed.chanrobles virtual law library
Sec. 30. Mandatory Nation-wide Use. - The metric system
shall be fully adopted in all agricultural, commercial,
industrial, scientific and other sectors. Persons or entities

allowed under existing laws to use the English system or
other standards and weights are given until the date to be
fixed by the Metric System Board to adopt the metric
system.chanrobles virtual law library
Sec. 31. Legal Periods. - "Year" shall be understood to be
twelve calendar months; "month" of thirty days, unless it
refers to a specific calendar month in which case it shall be
computed according to the number of days the specific
month contains; "day," to a day of twenty-four hours; and
"night," from sunset to sunrise.chanrobles virtual law
library
Chapter 9
GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS
Sec. 32. Nature of Public Office. - Public office is a public
trust. Public officers and employees must at all times be
accountable to the people, serve them with the utmost
responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.chanrobles
virtual law library
Sec. 33. Policy on Change of Citizenship. - Public officers
and employees owe the Senate and the Constitution
allegiance at all times, and any public officer or employee
who seeks to change his citizenship or acquire the status of
an immigrant of another country during his tenure shall be
dealt with by law.chanrobles virtual law library
Sec. 34. Declaration of Assets, Liabilities and Net Worth. -
A public officer or employee shall upon assumption of office
and as often thereafter as may be required by law, submit a
ADMINISTRATIVE CODE OF 1987
declaration under oath of his assets, liabilities, and net
worth.chanrobles virtual law library
Sec. 35. Ethics in Government. - All public officers and
employees shall be bound by a Code of Ethics to be
promulgated by the Civil Service Commission.chanrobles
virtual law library
Sec. 36. Inhibition Against Purchase of Property at Tax
Sale. - No officer or employee of the government shall
purchase directly or indirectly any property sold by the
government for the non-payment of any tax, fee or other
public charge. Any such purchase by an officer or employee
shall be void.chanrobles virtual law library
Sec. 37. Powers Incidental to Taking of Testimony. -
When authority to take testimony or receive evidence is
conferred upon any administrative officer or any non-
judicial person, committee, or other body, such authority
shall include the power to administer oaths, summon
witnesses, and require the production of documents by a
subpoena duces tecum.chanrobles virtual law library
Sec. 38. Liability of Superior Officers. - (1) A public officer
shall not be civilly liable for acts done in the performance of
his official duties, unless there is a clear showing of bad
faith, malice or gross negligence.chanrobles virtual law
library
(2) Any public officer who, without just cause, neglects to
perform a duty within a period fixed by law or regulation,
or within a reasonable period if none is fixed, shall be liable
for damages to the private party concerned without
prejudice to such other liability as may be prescribed by
law.chanrobles virtual law library

(3) A head of a department or a superior officer shall not
be civilly liable for the wrongful acts, omissions of duty,
negligence, or misfeasance of his subordinates, unless he
has actually authorized by written order the specific act or
misconduct complained of.chanrobles virtual law library
Sec. 39. Liability of Subordinate Officers. -No subordinate
officer or employee shall be civilly liable for acts done by
him in good faith in the performance of his duties. However,
he shall be liable for willful or negligent acts done by him
which are contrary to law, morals, public policy and good
customs even if he acted under orders or instructions of his
superiors.chanrobles virtual law library
Chapter 10
OFFICIAL OATHS
Sec. 40. Oaths of Office for Public Officers and Employees.
- All public officers and employees of the government
including every member of the armed forces shall, before
entering upon the discharge of his duties, take an oath or
affirmation to uphold and defend the Constitution; that he
will bear true faith and allegiance to it; obey the laws, legal
orders and decrees promulgated by the duly constituted
authorities; will well and faithfully discharge to the best of
his ability the duties of the office or position upon which he
is about to enter; and that he voluntarily assumes the
obligation imposed by his oath of office, without mental
reservation or purpose of evasion. Copies of the oath shall
be deposited with the Civil Service Commission and the
National Archives.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 41. Officers Authorized to Administer Oath. - (1) The
following officers have general authority to administer
oath: Notaries public, members of the judiciary, clerks of
courts, the Secretary of the either House of the Congress of
the Philippines, of departments, bureau directors, registers
of deeds, provincial governors and lieutenant-governors,
city mayors, municipal mayors and any other officer in the
service of the government of the Philippines whose
appointment is vested in the President.chanrobles virtual
law library
(2) Oaths may also be administered by any officer whose
duties, as defined by law or regulation, require
presentation to him of any statement under oath
Sec. 42. Duty to Administer Oath. - Officers authorized to
administer oaths, with the exception of notaries public,
municipal judges and clerks of court, are not obliged to
administer oaths or execute certificates save in matters of
official business; and with the exception of notaries public,
the officer performing the service in those matters shall
charge no fee, unless specifically authorized by
law.chanrobles virtual law library
Chapter 11
OFFICIAL REPORTS
Sec. 43. Annual Reports. - The heads of the several
branches, subdivisions, department and agencies or
instrumentalities of the Government shall prepare and
submit annual reports to the President on or before the
first day of July 1 of each year.chanrobles virtual law library

Sec. 44. Contents of Reports. - The contents of the annual
reports shall be prescribed by law or, in the absence
thereof, by executive order.chanrobles virtual law library
Sec. 45. Special Reports. - Each chief of Bureau or other
officer of the government shall make such special reports
concerning the work of his Bureau or Office as may from
time to time be required of him by the President of the
Philippines or Head of Department.chanrobles virtual law
library
Sec. 46. Deposit with Archives. - Official copies of annual
reports shall be deposited with the National Archives and
shall be open to public inspection.chanrobles virtual law
library
Chapter 12
PUBLIC CONTRACTS AND CONVEYANCES
Sec. 47. Contracts and Conveyances. - Contracts or
conveyances may be executed for and in behalf of the
Government or of any of its branches, subdivisions,
agencies, or instrumentalities, including government-
owned or controlled corporations, whenever demanded by
the exigency or exigencies of the service and as long as the
same are not prohibited by law.chanrobles virtual law
library
Sec. 48. Official Authorized to Convey Real Property. -
Whenever real property of the Government is authorized
by law to be conveyed, the deed of conveyance shall be
executed in behalf of the government by the following:
ADMINISTRATIVE CODE OF 1987
(1) For property belonging to and titled in the name of
the Republic of the Philippines, by the President, unless the
authority therefor is expressly vested by law in another
officer.chanrobles virtual law library
(2) For property belonging to the Republic of the
Philippines but titled in the name of any political
subdivision or of any corporate agency or instrumentality,
by the executive head of the agency or
instrumentality.chanrobles virtual law library
Sec. 49. Authority to Convey other Property. - Whenever
property other than real is authorized to be conveyed, the
contract or deed shall be executed by the head of the
agency with the approval of the department head. Where
the operations of the agency regularly involve the sale or
other disposition of personal property, the deed shall be
executed by any officer or employee expressly authorized
for that purpose.chanrobles virtual law library
Sec. 50. Conveyance of National Government Property to
Local Governments. - When the real property belonging to
the National Government is needed for school purposes, or
other official use by any local government, the President
shall authorize its transfer, and the department head or
other authority concerned shall execute in favor of the local
government the necessary deed of conveyance by way of
gift, sale, exchange, or otherwise, and upon such terms as
shall be for the interest of the parties concerned. Nothing
herein provided shall be deemed to authorize the
conveyance of unreserved public land, friar land or any real
 ADMINISTRATIVE CODE OF 1987

property held by the Government in trust or for a special

purpose defined by law.chanrobles virtual law library
Sec. 51. Execution of Contracts. - (1) Contracts in behalf of
the Republic of the Philippines shall be executed by the
President unless authority therefor is expressly vested by
law or by him in any other public officer.chanrobles virtual
law library
(2) Contracts in behalf of the political subdivisions and
corporate agencies or instrumentalities shall be approved
by their respective governing boards or councils and
executed by their respective executive heads.chanrobles
virtual law library

BOOK II
DISTRIBUTION OF POWERS OF GOVERNMENT
Chapter 1
BASIC PRINCIPLES AND POLICIES
Sec. 1. Guiding Principles and Policies in
Government. - Governmental power shall be exercised in
accordance with the following basic principles and policies:
(1) The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.chanrobles virtual law
library
(2) The State values the dignity of every human person and
guarantees full respect for human rights.chanrobles virtual
law library
(3) Civilian authority is, at all times, supreme over the
military.chanrobles virtual law library
(4) The State shall ensure the autonomy of local
governments.chanrobles virtual law library
(5) The territorial and political subdivisions of the Republic
of the Philippines are the provinces, cities, municipalities,
and barangays. There shall be autonomous regions, in
accordance with the Constitution, in Muslim Mindanao and
the Cordilleras as may be provided by law.chanrobles
virtual law library
(6) The separation of Church and State shall be
inviolable.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
(7) The right of the people and their organizations to
effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.chanrobles virtual law library
(8) The powers expressly vested in any branch of the
Government shall not be exercised by, nor delegated to, any
other branch of the Government, except to the extent
authorized by the Constitution.chanrobles virtual law
library
Chapter 2
LEGISLATIVE POWER
Sec. 2. Seat of Legislative Power. - The legislative power
shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the
Constitutional provision on initiative and
referendum.chanrobles virtual law library
Sec. 3. Inhibitions Against Members of Congress. - (1) No
Senator or Member of the House of Representatives may
hold any other office or employment in the Government, or
any subdivision agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his
seat. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased

during the term for which he was elected.chanrobles virtual
law library
(2) No Senator or Member of the House of
Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies. Neither
shall he, directly or indirectly, be interested financially in
any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency or
instrumentality thereof including any government-owned
or controlled corporation, or its subsidiary, during his term
of office. He shall not intervene in any matter before any
office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his
office.chanrobles virtual law library
Sec. 4. Electoral Tribunal. - The Senate and the House of
Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of
nine (9) Members, three (3) of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and
the remaining six (6) shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the
political parties and the parties or organizations registered
under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its
Chairman.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 5. Commission on Appointments. - There shall be a
Commission on Appointments consisting of the President of
the Senate, as ex officio Chairman, and twelve (12) Senators
and twelve (12) Members of the House of Representatives,
elected by each House on the basis of proportional
representation from the political parties and parties or
organizations registered under the party-list system
represented therein. The Chairman of the Commission shall
not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty (30) session
days of the Congress from their submission. The
Commission shall rule by a majority vote of all its
Members.chanrobles virtual law library
Sec. 6. Legislative Investigation. - The Senate or the House
of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its
duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be
respected.chanrobles virtual law library
Sec. 7. Appearance of Heads of Departments.- The heads
of departments may upon their own initiative, with the
consent of the President, or upon the request of either
House, as the rules of each House shall provide, appear
before and be heard by such House on any matter
pertaining to their departments. Written questions shall be
submitted to the President of the Senate or the Speaker of
the House of Representatives at least three (3) days before
their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related
thereto. When the security of the State or the public

interest so requires and the President so states in writing,
the appearance shall be conducted in executive
session.chanrobles virtual law library
Sec. 8. Initiative and Referendum.- The Congress shall, as
early as possible, provide for a system of initiative and
referendum and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress
or local legislative body after the registration of a petition
therefor signed by at least ten (10) per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three (3) per
centum of the registered voters thereof.chanrobles virtual
law library
Sec. 9. Power to Propose Constitutional Amendments. -
(1) Any amendment to, or revision of the Constitution may
be proposed by: (a) The Congress, upon a vote of three-
fourths (3/4) of all its Members; or (b) a constitutional
convention. The Congress may, by a vote of two-thirds
(2/3) of all its Members, call a constitutional convention, or
by a majority vote of all its Members, submit to the
electorate the question of calling such a
convention.chanrobles virtual law library
(2) Amendments to the Constitution may likewise be
directly proposed by the people through initiative upon a
petition of at least twelve (12) per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three (3) per
centum of the registered voters therein. No amendments
under this paragraph shall be authorized within five years
ADMINISTRATIVE CODE OF 1987
following the ratification of the 1987 Constitution nor
oftener than once every five years thereafter. The Congress
shall provide for the implementation of the exercise of this
right.chanrobles virtual law library
Sec. 10. Validity of Constitutional Amendments.- (1) Any
amendment to or revision of the Constitution proposed by
Congress or a constitutional convention shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days (60) nor later than
ninety days (90) after the approval of such amendment or
revision.chanrobles virtual law library
(2) Any amendment to or revision of the Constitution
directly proposed by the people through initiative shall be
valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
(60) nor later than ninety days (90) after the certification
by the Commission on Elections of the sufficiency of the
petition.chanrobles virtual law library
Chapter 3
EXECUTIVE POWER
Sec. 11. Exercise of Executive Power. - The Executive
power shall be vested in the President.chanrobles virtual
law library
Sec. 12. The Vice-President. - There shall be a Vice-
President who shall have the same qualifications and term
of office and be elected with and in the same manner as the
President. He may be removed from office in the same
manner as the President.chanrobles virtual law library

The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no
confirmation.chanrobles virtual law library
Sec. 13. Vacancy in Office of the President.- In case of
death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall
become the President to serve the unexpired term. In case
of death, permanent disability, removal from office, or
resignation of both the President and Vice-President, the
President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as
President until the President or Vice-President shall have
been elected and qualified.chanrobles virtual law library
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the
President or Vice-President shall have been elected and
qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.chanrobles
virtual law library
Sec. 14. Vacancy in Office of the Vice-President. -
Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the
President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives
who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress,
voting separately.chanrobles virtual law library
Sec. 15. Inhibitions Against Executive Officials. - The
President, Vice-President, the Members of the Cabinet, and
ADMINISTRATIVE CODE OF 1987
their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in
any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall
strictly avoid conflicts of interest in the conduct of their
office.chanrobles virtual law library
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not
during his tenure be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen
or heads of bureaus or offices, including government-
owned or controlled corporations and their
subsidiaries.chanrobles virtual law library
Chapter 4
JUDICIAL POWER
Sec. 16. Judicial Power. - The judicial power shall be
vested in one (1) Supreme Court, and in such lower courts
as may be established by law. Such lower courts include the
Court of Appeals, Sandiganbayan, Court of Tax Appeals,
Regional Trial Courts, Shari's District Courts, Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts, and Shari'a Circuit Courts and they shall

continue to exercise their respective jurisdiction until
otherwise provided by law.chanrobles virtual law library
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable, and, in cases
prescribed by law, to determine whether or not there has
been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of the Government.chanrobles virtual law
library
Sec. 17. Composition of the Supreme Court. - The
Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its
discretion, in divisions of three, five or seven
Members.chanrobles virtual law library
Sec. 18. Jurisdiction and Powers of Supreme Court. - The
Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.chanrobles virtual law library
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.chanrobles virtual
law library
ADMINISTRATIVE CODE OF 1987
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.chanrobles virtual law library
(c) All cases in which the jurisdiction of any lower court is
in issue.chanrobles virtual law library
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.chanrobles virtual law library
(e) All cases in which only an error or question of law is
involved.chanrobles virtual law library
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary
assignment shall not exceed six (6) months without the
consent of the judge concerned.chanrobles virtual law
library
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.chanrobles virtual law library
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade; and shall
not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme
Court.chanrobles virtual law library
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service law.chanrobles virtual
law library

Sec. 19. Apportionment of Jurisdiction. - Congress
shall define, prescribe and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of
its jurisdiction enumerated in the immediately preceding
section. Neither shall a law be passed increasing its
appellate jurisdiction as therein specified without its advice
and concurrence.chanrobles virtual law library
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its
Members.chanrobles virtual law library
Sec. 20. Administrative Supervision.- The Supreme Court
shall have administrative supervision over all courts and
the personnel thereof.chanrobles virtual law library
Sec. 21. Judicial and Bar Council. - (1) A Judicial and Bar
Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of
the Congress as ex officio Member, a representative of the
Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private
sector.chanrobles virtual law library
(2) The regular members of the Council shall be
appointed by the President for a term of four (4) years with
the consent of the Commission of Appointments. Of the
Members first appointed, the representative of the
Integrated Bar shall serve for four (4) years, the professor
of law for three (3) years, the retired Justice for two (2)
years, and the representative of the private sector for one
(1) year.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
(3) The Clerk of the Supreme Court shall be the Secretary
ex officio of the Council and shall keep a record of its
proceedings.chanrobles virtual law library
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.chanrobles virtual law
library
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may
assign to it.chanrobles virtual law library
Sec. 22. Appointment of Members of Judiciary. - The
Members of the Supreme Court and judges of lower courts
shall be appointed by the President from a list of at least
three (3) nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation.chanrobles virtual law library
For the lower courts, the President shall issue the
appointments within ninety (90) days from the submission
of the list.chanrobles virtual law library
Sec. 23. Prohibition Against Performing Quasi-Judicial or
Administrative Functions. - The Members of the Supreme
Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or
administrative functions.chanrobles virtual law library

Chapter 5
CONSTITUTIONAL COMMISSIONS
Sec. 24. Constitutional Commissions. - The
Constitutional Commissions, which shall be independent,
are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.chanrobles virtual
law library
Sec. 25. Inhibitions Against Constitutional
Commissioners. - No member of a Constitutional
Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of
any profession or in the active management or control of
any business which in anyway may be affected by the
functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.chanrobles virtual law library
Sec. 26. Fiscal Autonomy. - The Constitutional
Commissions shall enjoy fiscal autonomy. The approved
annual appropriations shall be automatically and regularly
released.chanrobles virtual law library
Sec. 27. Promulgation of Rules. - Each Commission en
banc may promulgate its own rules concerning pleadings
and practice before it or before any of its offices. Such rules
however shall not diminish, increase, or modify substantive
rights.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 28. Decisions by the Constitutional Commissions.-
Each Commission shall decide, by a majority vote of all its
Members, any case or matter brought before it within sixty
(60) days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for
decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the
Commission or by the Commission itself. Unless otherwise
provided by the Constitution or by law, any decision, order,
or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within
thirty (30) days from receipt of a copy thereof.chanrobles
virtual law library
Chapter 6
OTHER BODIES
Sec. 29. Other Bodies. - There shall be in accordance
with the Constitution, an Office of the Ombudsman, a
Commission on Human Rights, an independent central
monetary authority, and a national police commission.
Likewise, as provided in the Constitution, Congress may
establish an independent economic and planning agency.
 ADMINISTRATIVE CODE OF 1987

Sec. 4. Proclamations. - Acts of the President fixing a date

BOOK III or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a
OFFICE OF THE PRESIDENT specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of
Title I an executive order.chanrobles virtual law library
POWERS OF THE PRESIDENT Sec. 5. Memorandum Orders. - Acts of the President on
matters of administrative detail or of subordinate or
Chapter 1 temporary interest which only concern a particular officer
POWER OF CONTROL or office of the Government shall be embodied in
memorandum orders.chanrobles virtual law library
Sec. 1. Power of Control.- The President shall have Sec. 6. Memorandum Circulars. - Acts of the President on
control of all the executive departments, bureaus, and matters relating to internal administration, which the
offices. He shall ensure that the laws be faithfully President desires to bring to the attention of all or some of
executed.chanrobles virtual law library the departments, agencies, bureaus or offices of the
Government, for information or compliance, shall be
Chapter 2 embodied in memorandum circulars.chanrobles virtual law
ORDINANCE POWER library
Sec. 7. General or Special Orders.- Acts and commands of
Sec. 2. Executive Orders. - Acts of the President the President in his capacity as Commander-in-Chief of the
providing for rules of a general or permanent character in Armed Forces of the Philippines shall be issued as general
implementation or execution of constitutional or or special orders.chanrobles virtual law library
statutory powers shall be promulgated in executive
orders.chanrobles virtual law library Chapter 3
Sec. 3. Administrative Orders. - Acts of the President POWER OVER ALIENS
which relate to particular aspect of governmental
operations in pursuance of his duties as administrative Sec. 8. Power to Deport. - The President shall have the
head shall be promulgated in administrative power to deport aliens subject to the requirements of due
orders.chanrobles virtual law library process.chanrobles virtual law library

Sec. 9. Power to Change Non-Immigrant Status of Aliens. -
The President, subject to the provisions of law, shall have
the power to change the status of non-immigrants by
allowing them to acquire permanent residence status
without necessity of visa.chanrobles virtual law library
Sec. 10. Power to Countermand Decisions of the Board of
Commissioners of the Bureau of Immigration. - The
decision of the Board of Commissioners which has
jurisdiction over all deportation cases shall become final
and executory after thirty (30) days from promulgation,
unless within such period the President shall order the
contrary.chanrobles virtual law library
Sec. 11. Power over Aliens under the General Principles
of International Law. - The President shall exercise with
respect to aliens in the Philippines such powers as are
recognized by the generally accepted principles of
international law.chanrobles virtual law library
Chapter 4
POWERS OF EMINENT DOMAIN, ESCHEAT,
LAND RESERVATION AND RECOVERY OF ILL-GOTTEN
WEALTH
Sec. 12. Power of Eminent Domain. - The President
shall determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the
National Government, and direct the Solicitor General,
whenever he deems the action advisable, to institute
expropriation proceedings in the proper court.chanrobles
virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 13. Power to Direct Escheat or Reversion
Proceedings. - The President shall direct the Solicitor
General to institute escheat or reversion proceedings over
all lands transferred or assigned to persons disqualified
under the Constitution to acquire land.chanrobles virtual
law library
Sec. 14. Power to Reserve Lands of the Public and Private
Domain of the Government. - (1) The President shall have
the power to reserve for settlement or public use, and for
specific public purposes, any of the lands of the public
domain, the use of which is not otherwise directed by law.
The reserved land shall thereafter remain subject to the
specific public purpose indicated until otherwise provided
by law or proclamation;
(2) He shall also have the power to reserve from sale or
other disposition and for specific public uses or purposes,
any land belonging to the private domain of the
Government, or any of the Friar Lands, the use of which is
not otherwise directed by law, and thereafter such land
shall be used for the purposes specified by such
proclamation until otherwise provided by law.chanrobles
virtual law library
Sec. 15. Power over Ill-gotten Wealth. - The President
shall direct the Solicitor General to institute proceedings to
recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or
transferees.chanrobles virtual law library
Within the period fixed in, or any extension thereof
authorized by, the Constitution, the President shall have the
authority to recover ill-gotten properties amassed by the

leaders and supporters of the previous regime and protect
the interest of the people through orders of sequestration
or freezing of assets or accounts.chanrobles virtual law
library
Chapter 5
POWER OF APPOINTMENT
Sec. 16. Power of Appointment. - The President shall
exercise the power to appoint such officials as provided for
in the Constitution and laws.chanrobles virtual law library
Sec. 17. Power to Issue Temporary Designation. - (1) The
President may temporarily designate an officer already in
the government service or any other competent person to
perform the functions of an office in the executive branch,
appointment to which is vested in him by law, when: (a) the
officer regularly appointed to the office is unable to
perform his duties by reason of illness, absence or any
other cause; or (b) there exists a vacancy;
(2) The person designated shall receive the
compensation attached to the position, unless he is already
in the government service in which case he shall receive
only such additional compensation as, with his existing
salary, shall not exceed the salary authorized by law for the
position filled. The compensation hereby authorized shall
be paid out of the funds appropriated for the office or
agency concerned.chanrobles virtual law library
(3) In no case shall a temporary designation exceed one
(1) year.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Chapter 6
GENERAL SUPERVISION OVER
LOCAL GOVERNMENTS
Sec. 18. General Supervision Over Local Governments. -
The President shall exercise general supervision over local
governments.chanrobles virtual law library
Chapter 7
OTHER POWERS
Sec. 19. Powers Under the Constitution. - The President
shall exercise such other powers as are provided for in the
Constitution.chanrobles virtual law library
Sec. 20. Residual Powers. - Unless Congress provides
otherwise, the President shall exercise such other powers
and functions vested in the President which are provided
for under the laws and which are not specifically
enumerated above, or which are not delegated by the
President in accordance with law.chanrobles virtual law
library
Title II
ORGANIZATION
Chapter 8
ORGANIZATION OF THE OFFICE OF THE PRESIDENT

Sec. 21. Organization. - The Office of the President shall
consist of the Office of the President Proper and the
agencies under it.chanrobles virtual law library
Sec. 22. Office for the President Proper. - (1) The Office of
the President Proper shall consist of the Private Office, the
Executive Office, the Common Staff Support System, and the
Presidential Special Assistants/Advisers System;
(2) The Executive Office refers to the Offices of the
Executive Secretary, Deputy Executive Secretaries and
Assistant Executive Secretaries;
(3) The Common Staff Support System embraces the offices
or units under the general categories of development and
management, general government administration and
internal administration; and
(4) The President Special Assistants/Advisers System
includes such special assistants or advisers as may be
needed by the President.chanrobles virtual law library
Sec. 23. The Agencies under the Office of the President. -
The agencies under the Office of the President refer to
those offices placed under the chairmanship of the
President, those under the supervision and control of the
President, those under the administrative supervision of
the Office of the President, those attached to it for policy
and program coordination, and those that are not placed by
law or order creating them under any specific
department.chanrobles virtual law library
Title III
FUNCTIONS
Chapter 9
ADMINISTRATIVE CODE OF 1987
FUNCTIONS OF THE DIFFERENT OFFICES
IN THE OFFICE OF THE PRESIDENT PROPER
A - PRIVATE OFFICE
Sec. 24. Functions of the Private Office. - The Private
Office shall provide direct services to the President and
shall for this purpose attend to functions and matters that
are personal or which pertain to the First
Family.chanrobles virtual law library
B - THE EXECUTIVE OFFICE
Sec. 25. Declaration of Policy. - The Executive Office shall
be fully responsive to the specific needs and requirements
of the President to chieve the purposes and objectives of
the Office.chanrobles virtual law library
Sec. 26. The Executive Secretary, the Deputy Executive
Secretaries, and the Assistant Executive Secretaries. - The
Executive Office shall be headed by the Executive Secretary
who shall be assisted by one (1) or more Deputy Executive
Secretaries and one (1) or more Assistant Executive
Secretaries.chanrobles virtual law library
Sec. 27. Functions of the Executive Secretary. - The
Executive Secretary shall, subject to the control and
supervision of the President, carry out the functions
assigned by law to the Executive Office and shall perform
such other duties as may be delegated to him. He shall:

(1) Directly assist the President in the management of the
affairs pertaining to the Government of the Republic of the
Philippines;
(2) Implement presidential directives, orders and
decisions;
(3) Decide, for and in behalf of the President, matters not
requiring personal presidential attention;
(4) Exercise supervision and control over the various units
in the Office of the President Proper including their internal
administrative requirements;
(5) Exercise supervision, in behalf of the President, over the
various agencies under the Office of the President;
(6) Appoint officials and employees of the Office of the
President whose appointments are not vested in the
President;
(7) Provide overall coordination in the operation of the
Executive Office;
(8) Determine and assign matters to the appropriate units
in the Office of the President;
(9) Have administrative responsibility for matters in the
Office of the President coming from the various
departments and agencies of government;
(10) Exercise primary authority to sign papers "By
authority of the President", attest executive orders and
other presidential issuances unless attestation is
specifically delegated to other officials by him or by the
President;
(11) Determine, with the President's approval, the
appropriate assignment of offices and agencies not placed
by law under any specific executive department;
ADMINISTRATIVE CODE OF 1987
(12) Provide consultative, research, fact-finding and
advisory service to the President;
(13) Assist the President in the performance of functions
pertaining to legislation;
(14) Assist the President in the administration of special
projects;
(15) Take charge of matters pertaining to protocol in State
and ceremonial functions;
(16) Provide secretarial and clerical services for the
President, the Cabinet, the Council of State, and other
advisory bodies to the President
(17) Promulgate such rules and regulations necessary to
carry out the objectives, policies and functions of the Office
of the President Proper;
(18) Perform such other functions as the President may
direct.chanrobles virtual law library
C - COMMON STAFF SUPPORT SYSTEM
Sec. 28. Functions of the Common Staff Support System. -
The various staff units in the Office of the President Proper
shall form a common staff support system and shall be
organized along the various tasks of the Office namely:
(1) The Cabinet Secretariat which shall assist the President
in the establishment of agenda topics for the Cabinet
deliberation, or facilitate the discussion of cabinet
meetings. It shall have such organization, powers and
functions as are prescribed by law;

(2) The Presidential Management Staff (PMS) which shall
be the primary government agency directly responsible to
the Office of the President for providing staff assistance in
the Presidential exercise of overall management of the
development process. It shall have such organization,
powers and functions as are prescribed by law;
(3) General Government Administration Staff which shall
provide the President with staff support on matters
concerning general government administration relative to
the operations of the national government including the
provision of legal services, administrative services, staff
work on political and legislative matters, information and
assistance to the general public, measures toward
resolution of complaints against public officials and
employees brought to the attention of the Office of the
President and such other matters as the President may
assign;
(4) Internal Administrative Staff which shall render
auxiliary and support services for the internal
administration of the Office of the President.chanrobles
virtual law library
D - PRESIDENTIAL ASSISTANT/ADVISERS SYSTEM
Sec. 29. Functions of Presidential Assistants/Advisers
Systems. - The Special Assistants/Advisers System shall
provide advisory or consultative services to the President
in such fields and under such conditions as the President
may determine.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Chapter 10
FUNCTIONS OF THE AGENCIES
UNDER THE OFFICE OF THE PRESIDENT
Sec. 30. Function of Agencies Under the Office of the
President. - Agencies under the Office of the President shall
continue to operate and function in accordance with their
respective charters or laws creating them, except as
otherwise provided in this Code or by law.
Sec. 31. Continuing Authority of the President to
Reorganize his Office. - The President, subject to the policy
in the Executive Office and in order to achieve simplicity,
economy and efficiency, shall have continuing authority to
reorganize the administrative structure of the Office of the
President. For this purpose, he may take any of the
following actions:
(1) Restructure the internal organization of the Office of the
President Proper, including the immediate Offices, the
Presidential Special Assistants/Advisers System and the
Common staff Support System, by abolishing, consolidating
or merging units thereof or transferring functions from one
unit to another;chanroblesvirtualawlibrary
(2) Transfer any function under the Office of the President
to any other Department or Agency as well as transfer
functions to the Office of the President from other
Departments and Agencies; and
 ADMINISTRATIVE CODE OF 1987

(3) Transfer any agency under the Office of the President to
any other department or agency as well as transfer
agencies to the Office of the President from other
departments or agencies.
BOOK IV
THE EXECUTIVE BRANCH
Chapter 1
THE DEPARTMENTS
Sec. 1. Purpose and Number of Departments. - The
Executive Branch shall have such Departments as are
necessary for the functional distribution of the work of the
President and for the performance of their
functions.chanrobles virtual law library
Sec. 7. Powers and Functions of the Secretary. - The
Secretary shall:
(1) Advise the President in issuing executive orders,
regulations, proclamations and other issuances, the
promulgation of which is expressly vested by law in the
President relative to matters under the jurisdiction of the
Department;
Sec. 9. Submission of Budget Estimates. - The Secretary
shall prepare and submit to the President through the
Department of Budget and Management an estimate of the
necessary expenditures of the department during the next
fiscal year, on the basis of the reports and estimates
submitted by bureaus and officers under him.chanrobles
virtual law library

Chapter 2
SECRETARIES, UNDERSECRETARIES, (1) Advise and assist the Secretary in the formulation and
AND ASSISTANT SECRETARIES implementation of department objectives and policies;

Sec. 6. Authority and Responsibility of the Secretary. -

The authority and responsibility for the exercise of the Chapter 3
mandate of the Department and for the discharge of its DEPARTMENT SERVICES
powers and functions shall be vested in the Secretary, who
shall have supervision and control of the Sec. 12. Department Services. - Except as otherwise
Department.chanrobles virtual law library provided by law, each Department shall have Department
Services which shall include the Planning Service, the
Financial and Management Service, the Administrative

Service, and whenever necessary the Technical and Legal
Services.chanrobles virtual law library
Chapter 4
BUREAUS
Sec. 18. Bureaus in General. - (1) A Bureau is any
principal subdivision of the department performing a single
major function or closely related functions. Bureaus are
either staff or line.chanrobles virtual law library
(a) Advise and assist the Office of the Secretary on matters
pertaining to the Bureau's area of specialization;
(3) The staff bureau shall avail itself of the planning,
financial and administrative services in the department
proper. The bureau may have a separate administrative
division, if circumstances so warrant.chanrobles virtual law
library
(a) Exercise supervision and control over all division and
other units, including regional offices, under the bureau;
Chapter 5
FIELD OFFICES
ADMINISTRATIVE CODE OF 1987
Sec. 21. Regional Offices. - Regional Offices shall be
established according to law defining field service areas.
The administrative regions shall be composed of a National
Capital Region and Regions I to XII. Provincial and district
offices may be established only by law whenever
necessary.chanrobles virtual law library
(a) Implement laws, policies, plans, programs, rules and
regulations of the department or agency in the regional
area;chanroblesvirtualawlibrary
(1) Implement laws, policies, rules and regulations within
the responsibility of the agency;
Chapter 6
POWERS AND DUTIES OF HEADS OF
BUREAUS OR OFFICES
Sec. 29. Powers and Duties in General. - The head of
bureau or office shall be its chief executive officer. He shall
exercise overall authority in matters within the jurisdiction
of the bureau, office or agency, including those relating to
its operations, and enforce all laws and regulations
pertaining to it.chanrobles virtual law library

Chapter 7
ADMINISTRATIVE RELATIONSHIP
Sec. 38. Definition of Administrative Relationship. -
Unless otherwise expressly stated in the Code or in other
laws defining the special relationships of particular
agencies, administrative relationships shall be categorized
and defined as follows:
Chapter 8
SUPERVISION AND CONTROL
Sec. 39. Secretary's Authority. - (1) The Secretary shall
have supervision and control over the bureaus, offices, and
agencies under him, subject to the following guidelines:
(a) Initiative and freedom of action on the part of
subordinate units shall be encouraged and promoted,
rather than curtailed, and reasonable opportunity to act
shall be afforded those units before control is exercised;
(2) This Chapter shall not apply to chartered institutions
or government-owned or controlled corporations attached
to the department.
Chapter 9
ADMINISTRATIVE CODE OF 1987
RELATIONSHIP OR GOVERNMENT-OWNED OR
CONTROLLED CORPORATIONS AND REGULATORY
AGENCIES TO THE DEPARTMENT
Sec. 42. Government-Owned or Controlled Corporations. -
Government-owned or controlled corporations shall be
attached to the appropriate department with which they
have allied functions, as hereinafter provided, or as may be
provided by executive order, for policy and program
coordination and for general supervision provided in
pertinent provisions of this Code.chanrobles virtual law
library
Chapter 10
APPOINTMENTS AND QUALIFICATIONS
Sec. 44. Appointment of Secretaries. - The Secretaries of
Departments shall be appointed by the President with the
consent of the Commission on Appointments, at the
beginning of his term of office, and shall hold office, unless
sooner removed, until the expiration of his term of office, or
until their successors shall have been appointed and
qualified.chanrobles virtual law library
Chapter 11
ADMINISTRATIVE ISSUANCES

Sec. 50. General Classification of Issuances. - The
administrative issuances of Secretaries and heads of
bureaus, offices or agencies shall be in the form of circulars
or orders.chanrobles virtual law library
Chapter 12
MISCELLANEOUS RECEIPTS
Sec. 54. Charges for Property Sold or Services Rendered;
Refunds. - (1) For services required by law to be rendered
for a fee, for supplies furnished, or articles of any kind sold
to other divisions of the government or to any person, the
head of bureau, office or agency may, upon approval of the
Secretary charge and collect the cost of the service,
supplies, or articles or other rate in excess of cost
prescribed by law or approved by the same authority. For
local governments, the rate, except where otherwise
prescribed by law, shall be affixed at cost or at such other
reasonable rate in excess of cost by the boards or councils
concerned;
Chapter 13
CONTRACTS
Sec. 57. Conveyances and Contracts to which the
Government is a Party. - Any deed, instrument or contract
conveying the title to real estate or to any other property
the value of which does not exceed fifty million pesos
ADMINISTRATIVE CODE OF 1987
(P50,000,000) awarded through public bidding, and five
million pesos (P5,000,000) awarded through negotiation,
shall be executed and signed by the respective Secretary on
behalf of the Government of the Philippines. Where the
value of the property exceeds the aforesaid ceilings, such
deed, instrument or contract shall be executed and signed
by the President of the Philippines on behalf of the
Government.chanrobles virtual law library
Chapter 14
CONTROVERSIES AMONG GOVERNMENT
OFFICES AND CORPORATIONS
Sec. 66. How Settled. - All disputes, claims and
controversies, solely between or among the departments,
bureaus, offices, agencies and instrumentalities of the
National Government, including government-owned or
controlled corporations, such as those arising from the
interpretation and application of statutes, contracts or
agreements, shall be administratively settled or adjudicated
in the manner provided in this Chapter. This Chapter shall,
however, not apply to disputes involving the Congress, the
Supreme Court, the Constitutional Commissions, and local
governments.chanrobles virtual law library
Title I
FOREIGN AFFAIRS
 ADMINISTRATIVE CODE OF 1987

Chapter 1 provide legal advice and services to the

GENERAL PROVISIONS Department.chanrobles virtual law library

Sec. 1. Declaration of Policy. - The State shall pursue an

independent foreign policy. In its relations with other
states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the
right to self-determination.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Offices Under the Direct Supervision of the
Secretary. - The Secretary shall exercise direct supervision
over the following:
Chapter 4
BOARD OF FOREIGN SERVICE ADMINISTRATION
Sec. 15. Composition. - The Board of Foreign Service
Administration shall be composed of nine (9) members:
one (1) Undersecretary as Chairman; the other
Undersecretary as Vice-Chairman; the six (6) Assistant
Secretaries and the Legal Adviser, as members.chanrobles
virtual law library
Chapter 5
BOARD OF FOREIGN SERVICE EXAMINERS

Chapter 3 Sec. 17. Composition. - The Board of Foreign Service

DEPARTMENT SERVICES Examiners shall be composed of one (1) Undersecretary as
Chairman; and the Assistant Secretary for Personnel and
Sec. 10. Office of the Legal Adviser. - The Office of the Administrative Services and a Commissioner of the Civil
Legal Adviser shall be headed by a Legal Adviser, who shall Service Commission as members. The Board shall be under
be a career Chief of Mission. However, the Legal Adviser the administrative supervision of such
may be appointed by the President, upon the Undersecretary.chanrobles virtual law library
recommendation of the Secretary, from outside the career
service, in which case he shall have the assimilated rank of
a Chief of Mission. His term shall be co-terminus with the Chapter 6
tenure of the Secretary, unless sooner terminated, and he is ATTACHED AGENCIES
not eligible for foreign assignment. The Legal Adviser shall

Sec. 19. Attached Agencies. - The Law of the Sea
Secretariat, the Inter-Agency Technical Committee on
Economic, Scientific and Technical Cooperation with
Socialist Countries (SOCCOM), the Inter-Agency Technical
Committee on Technical Cooperation Among Developing
Countries (IATC-TC), the Permanent Inter-Agency
Technical Committee on ESCAP Matters (PITCEM), and
other agencies attached to the Department shall continue to
operate and function in accordance with their respective
charters or laws creating them, except as otherwise
provided in this Code.chanrobles virtual law library
Chapter 7
THE FOREIGN SERVICE
Sec. 20. Functions of Diplomatic Missions. - The
Diplomatic Missions shall:
Chapter 8
ATTACHES AND REPRESENTATIVES
Sec. 22. Attaches of the Department. - The Department
Head shall designate attaches of the Department from the
ranks of Foreign Service Officers and Foreign Service Staff
Officers.chanrobles virtual law library
Chapter 9
PERSONNEL
ADMINISTRATIVE CODE OF 1987
Sec. 29. Policy. - To enable the Foreign Service to
effectively serve abroad the interests of the Republic of the
Philippines, it shall be the policy of the Department that
only persons who are competent, of good moral character,
and fully informed of the Philippine History and current
trends in Filipino life shall be appointed to the
service.chanrobles virtual law library
Chapter 10
APPOINTMENTS, COMPENSATION AND BENEFITS
Sec. 35. Foreign Service Officers. - (1) Foreign Service
Officers shall be appointed by the President.chanrobles
virtual law library
Chapter 11
PROMOTIONS
Sec. 39. Merit Promotion System. - The Board of the
Foreign Service shall establish a merit promotion system
for all officers and employees of the Department.chanrobles
virtual law library
Chapter 12
ASSIGNMENTS AND TRANSFERS

Sec. 43. Rotation Plan. - The secretary shall establish a
system of assignments and transfers to ensure that all
qualified officers and employees, except the employees in
the non-career service, shall serve in diplomatic and
consular establishments in different regions of the world.
The assignment and transfer of personnel shall follow a
regular rotation plan. For purposes of assignments, the
home office shall be considered a post. All personnel shall
be available for assignment to any post.chanrobles virtual
law library
Chapter 13
PASSPORT
Sec. 48. Definition. - A Philippine passport is an official
document of identity of Philippine citizenship of the holder
issued for travel purposes.chanrobles virtual law library
Chapter 14
MISCELLANEOUS PROVISIONS
Sec. 55. Use of Savings. - The Secretary is authorized to
use any savings in the appropriations for the Department
for the payment of: (a) expenses for the evacuation or
repatriation to the Philippines, when necessary due to an
emergency, of members of the household of the personnel
of any diplomatic or consular establishment as well as the
transportation of their personal effects; (b) actual return
ADMINISTRATIVE CODE OF 1987
passage by the most direct and economical means of
transportation and the cost of shipment of the household
effects to Manila of any officer or employee in the Foreign
Service, including the immediate dependent members of his
family, who resigns or is separated from the service for
cause; (c) the cost of preparing and transporting the
remains of an officer or employee who is a citizen of the
Philippines and the immediate members of his family who
may die abroad or while in travel status; or (d) contingent
and unforeseen expenses that may arise in connection with
the operation of the Foreign Service.chanrobles virtual law
library
Title II
FINANCE
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - It is the policy of the State
that the Department of Finance shall be primarily
responsible for the sound and efficient management of the
financial resources of the Government, its subdivisions,
agencies and instrumentalities.chanrobles virtual law
library
Chapter 2
DEPARTMENT PROPER

Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary, his Undersecretary and their
immediate staffs.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 8. Policy Development and Management Services
Group. - The Policy Development and Management Services
Group, which shall be headed by an Undersecretary, shall
consist of the following:
Chapter 4
BUREAUS
Sec. 16. Operations Groups. - The Operation Groups, each
of which shall be headed by an Undersecretary, shall
consist of the following:
Chapter 5
REGIONAL OFFICES
Sec. 40. Regional Offices. - There shall be a Regional Office
in each region. Each Regional Office shall be headed by a
Regional Director.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Chapter 6
ATTACHED AGENCIES
Sec. 42. Attached Agencies. - The following agencies are
hereby attached to the Department:
Title III - JUSTICE
Chapter I
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - It is the declared policy of
the State to provide the government with a principal law
agency which shall be both its legal counsel and
prosecution arm; administer the criminal justice system in
accordance with the accepted processes thereof consisting
in the investigation of the crimes, prosecution of offenders
and administration of the correctional system; implement
the laws on the admission and stay of aliens, citizenship,
land titling system, and settlement of land problems
involving small landowners and members of indigenous
cultural minorities; and provide free legal services to
indigent members of the society.chanrobles virtual law
library
Chapter 2
DEPARTMENT PROPER

Sec. 5. The Department Proper. - The Department Proper
shall be composed of the Office of the Secretary and the
Undersecretaries, Technical and Administrative Service,
Financial Management Service, Legal Staff and the Office of
the Chief State Prosecutor.chanrobles virtual law library
Chapter 3
OFFICE OF THE GOVERNMENT
CORPORATE COUNSEL
Sec. 10. Office of the Government Corporate Counsel. -
The Office of the Government Corporate Counsel (OGCC)
shall act as the principal law office of all government-
owned or controlled corporations, their subsidiaries, other
corporate off-springs and government acquired asset
corporations and shall exercise control and supervision
over all legal departments or divisions maintained
separately and such powers and functions as are now or
may hereafter be provided by law. In the exercise of such
control and supervision, the Government Corporate
Counsel shall promulgate rules and regulations to
effectively implement the objectives of the
Office.chanrobles virtual law library
Chapter 4
NATIONAL BUREAU OF INVESTIGATION
ADMINISTRATIVE CODE OF 1987
Sec. 11. National Bureau of Investigation. - The National
Bureau of Investigation (NBI) with all its duly authorized
constituent units including its regional and district offices
and rehabilitation center, shall continue to perform the
powers and functions as are now vested in it under the
existing law and such additional functions as may hereafter
be provided by law.chanrobles virtual law library
Chapter 5
PUBLIC ATTORNEY'S OFFICE
Sec. 14. Public Attorney's Office (PAO). - The Citizen's
Legal Assistance Office (CLAO) is renamed Public
Attorney's Office (PAO). It shall exercise the powers and
functions as are now provided by law for the Citizen's Legal
Assistance Office or may hereafter be provided by
law.chanrobles virtual law library
Chapter 6
BOARD OF PARDONS AND PAROLE
Sec. 17. Board of Pardons and Parole. - The Board of
Pardons and Parole shall continue to discharge the powers
and functions as provided in existing law and such
additional functions as may be provided by law.chanrobles
virtual law library

Chapter 7
PAROLE AND PROBATION ADMINISTRATION
Sec. 23. Parole and Probation Administration. - The
Parole and Probation Administration hereinafter referred
to as the Administration shall have the follolwing functions:
Chapter 8
BUREAU OF CORRECTIONS
Sec. 26. Bureau of Corrections. - The Bureau of
Corrections shall have its principal task the rehabilitation of
prisoners. The Bureau of Corrections shall exercise such
powers and functions as are now provided for the Bureau
of Prisons or may hereafter be provided by law.chanrobles
virtual law library
Chapter 9
LAND REGISTRATION AUTHORITY
Sec. 28. The Land Registration Authority. - The Land
Registration Authority, hereinafter referred to as the
Authority shall continue to exercise its powers and
functions under existing law on the Land Titles and Deeds
Registration Authority and those which may hereafter be
provided by law.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Chaper 10
BUREAU OF IMMIGRATION
Sec. 31. Bureau of Immigration. - The Bureau of
Immigration is principally responsible for the
administration and enforcement of immigration, citizenship
and alien admission and registration laws in accordance
with the provisions of the Philippine Immigration Act of
1940, as amended (C.A. No. 613, as amended). The
following units shall comprise the structural organization
of the Bureau:
Chapter 11
COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS
Sec. 32. Commission on the Settlement of Land Problems.
- The Commission on the Settlement of Land Problems shall
be responsible for the settlement of land problems
involving small landowners and members of cultural
minorities. It shall also perform such other functions, as are
now or may hereafter be provided by law.chanrobles
virtual law library
Chapter 12
OFFICE OF THE SOLICITOR GENERAL
Sec. 34. Organizational Structure. - The Office of the
Solicitor General shall be an independent and autonomous

office attached to the Department of Justice.chanrobles
virtual law library
Title IV - AGRICULTURE
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall promote the
well being of farmers, including share tenants, leaseholders,
settlers, fishermen, and other rural workers by providing
an environment in which they can increase their income,
improve their living conditions, and maximize their
contributions to the national economy. Toward this end,
the State shall accelerate agricultural development and
enhance the production of agricultural crops, fisheries, and
livestock by optimizing the use of resources and by
applying modern farming systems and technology in order
to attain food security for domestic use and expand and
diversify agricultural production for export. It shall also
encourage private initiative in agri-business ventures both
in the production and in the exportation and importation of
food and other allied commodities.chanrobles virtual law
library
Chapter 2
DEPARTMENT PROPER
ADMINISTRATIVE CODE OF 1987
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary and his immediate staff as
determined by him.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 10. Planning and Monitoring Service. - The Planning
and Monitoring Service shall be responsible for the
formulation and integration of plans and programs,
emanating from all units of the Department, including the
Bureau, Regional Offices and Attached Agencies. It shall also
be responsible for data analysis and monitoring of the
implementation of said plans and programs through its
management information system.chanrobles virtual law
library
Chapter 4 - BUREAUS AND OFFICES
Sec. 18. Bureau of Animal Industries. - The Bureau of
Animal Industry shall:
Chapter 5
REGIONAL OFFICES
Sec. 26. Functions. - The Department of Agriculture is
authorized to establish, operate, and maintain a Regional

Office in each of the administrative regions of the country.
Each Regional Office shall be headed by a Regional Director,
to be assisted by three (3) Assistant Regional Directors,
assigned to Operations, Research, and Support Services,
respectively. Each Regional Office shall have, within its
administrative regions, the following duties and
responsibilities:
- Chapter 6 - ATTACHED AGENCIES
Sec. 47. Attached Agencies. - The following units are
hereby attached to the Department:
Title V
PUBLIC WORKS AND HIGHWAYS
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall maintain an
engineering and construction arm and continuously
develop its technology, for the purposes of ensuring the
safety of all infrastructure facilities and securing for all
public works and highways the highest efficiency and the
most appropriate quality in construction. The planning,
design, construction and maintenance of infrastructure
facilities, especially national highways, flood control and
water resources development systems, and other public
works in accordance with national development objectives,
ADMINISTRATIVE CODE OF 1987
shall be the responsibility of such an engineering and
construction arm. However, the exercise of this
responsibility shall be decentralized to the fullest extent
feasible.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall be composed of the Secretary and his immediate
staff.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 8. Internal Audit Service. - The Internal Audit Service
shall conduct comprehensive audit of various Department
activities. Specifically, it shall have the following functions:
Chapter 4
THE BUREAU
Sec. 14. Bureau Head. - Each Bureau shall be headed by a
Bureau Director who shall be responsible for efficiently and
effectively carrying out the functions of the
Bureau.chanrobles virtual law library

Chapter 5
REGIONAL OFFICES
Sec. 20. Regional Offices. - Regional Offices shall be
responsible for highways, flood control and water resource
development systems, and other public works within the
region, except those defined in Section 3, par. (4) hereof.
For this purpose, their duties and responsibilities shall be
as follows:
Chapter 6
ATTACHED AGENCIES
Sec. 25. Attached Agencies and Corporations. - Agencies
and corporations attached to the Department shall continue
to operate and function in accordance with their respective
charters/laws/executive orders creating them. Accordingly,
the Metropolitan Waterworks and Sewerage System, the
Local Water Utilities Administration, the National Irrigation
Administration, and the National Water Resources Council,
among others, shall continue to be attached to the
Department; while the Metropolitan Manila Flood Control
and Drainage Council, as reorganized, shall be attached to
the Department.chanrobles virtual lawlibrary
Title VI
EDUCATION, CULTURE AND SPORTS
ADMINISTRATIVE CODE OF 1987
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall protect and
promote the right of all citizens to quality education at all
levels and shall take appropriate steps to make such
education accessible to all. Pursuant to this, the State shall:
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall be composed of the Secretary and his immediate
staff.chanrobles virtualaw library
Chapter 3
DEPARTMENT SERVICES
Sec. 7. Functions of the Services. - The Services of the
Department shall consist of the following:
Chapter 4
BOARD OF HIGHER EDUCATION
Sec. 8. Organization. - The Board shall be composed of an
Undersecretary of the Department of Education, Culture
and Sports designated as Chairman and four other
members to be appointed by the President of the
 ADMINISTRATIVE CODE OF 1987

Philippines upon nomination by the Secretary of Education,
Culture and Sports for a term of four years. The four
members shall have distinguished themselves in the field of
higher education and development either in the public or
private sector. The Director of the Bureau of Higher
Education shall participate in the deliberation of the Board
but without the right to vote.chanrobles virtual law library
Chapter 5
STATE COLLEGES AND UNIVERSITIES
Sec. 11. Governance. - By virtue of his chairmanship of
their boards of trustees as provided in their respective
charters, the Secretary, directly or through his
Undersecretaries, shall continue to govern state colleges
and universities.chanrobles virtual law library
Each Regional Office shall be headed by a Regional Director
who shall be assisted by an Assistant Regional Director. The
Regional Director shall be responsible for the School
Divisions and their Superintendents within his
administrative region.chanrobles virtual law library
Chapter 8
ATTACHED AGENCIES
Sec. 20. Attached Agencies. - The following agencies are
hereby attached to the Department:
Chapter 9
MISCELLANEOUS PROVISIONS

Chapter 6 Sec. 23. Medium of Instruction. - The Department shall

BUREAUS AND OFFICES promulgate rules and the regulations on the medium of
instruction for all schools in accordance with the policy
Sec. 12. Bureau of Elementary Education. - The Bureau of declared in Section 7, Article XIV of the
Elementary Education shall have following functions: Constitution.chanrobles virtual law library

Chapter 7 Title VII

REGIONAL OFFICES LABOR AND EMPLOYMENT

Sec. 18. Organization. - The Department is hereby Chapter 1

authorized to establish, operate and maintain a Regional GENERAL PROVISIONS
Office in each of the administrative regions of the country.

Sec. 1. Declaration of Policy. - (1) The State shall afford
full protection to labor and promote full employment and
equality of employment opportunities for all.chanrobles
virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary and his immediate
staff.chanrobles virtual law library
Chapter 3 - DEPARTMENT SERVICES
Sec. 9. Planning Service. - The Planning Service shall
provide the Department with efficient, effective and
economical services relating to planning, programming,
project development and evaluation, and the development
and implementation of a management information
system.chanrobles virtual law library
Chapter 4
BUREAUS
Sec. 16. Bureau of Labor Relations. - The Bureau of Labor
Relations shall set policies, standards, and procedures on
the registration and supervision of legitimate labor union
ADMINISTRATIVE CODE OF 1987
activities including denial, cancellation and revocation of
labor union permits. It shall also set policies, standards, and
procedure relating to collective bargaining agreements, and
the examination of financial records of accounts of labor
organizations to determine compliance with relevant
laws.chanrobles virtual law library
Chapter 5
REGIONAL OFFICES
Sec. 24. Regional Offices, District Offices and Provincial
Extension Units. - The Department is hereby authorized to
establish, operate and maintain such Department-wide
Regional Offices, District Offices and Provincial Extension
Units in each of the administrative regions of the country,
insofar as necessary to promote economy and efficiency in
the delivery of its services. Its Regional Office shall be
headed by a Regional Director who shall have supervision
and control thereof. The Regional Director, whenever
necessary, shall be assisted by an Assistant Regional
Director. A Regional Office shall have, within its regional
areas, the following functions:
Chapter 6
ATTACHED AGENCIES

Sec. 25. Attached Agencies. - The following agencies are
attached to the Department for policy and program
coordination and administrative supervision:
Title VIII
NATIONAL DEFENSE
Subtitle I
PRELIMINARY PROVISIONS
Chapter 1
NATIONAL DEFENSE POLICIES
Sec. 1. Declaration of Policies. - (1) The prime duty of the
Government is to serve and protect the people. Government
may call upon the people to defend the State and, in
fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military or
civil service.chanrobles virtual law library
Chapter 2
NATIONAL SECURITY COUNCIL
Sec. 2. Declaration of Policies. - (1) The formulation of
integrated and rationalized national, foreign, military,
political, economic, social and educational policies,
programs, and procedures vital to the security of the
state.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Chapter 3
NATIONAL INTELLIGENCE COORDINATING AGENCY
Sec. 9. Functions. - The National Intelligence Coordinating
Agency, hereinafter referred to as the Agency, shall:
Subtitle II
DEPARTMENT OF NATIONAL DEFENSE
Chapter 1
GENERAL PROVISIONS
Sec. 15. Declaration of Policy. - The defense establishment
shall be maintained to maximize its effectiveness for
guarding against external and internal threats to national
peace and security and provide support for social and
economic development.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 19. Office of the Secretary. - The Office of the
Secretary shall consist of the Secretary and his immediate
staff as determined by him.chanrobles virtual law library

Chapter 3
GOVERNMENT ARSENAL
Sec. 24. Organization. - The Government Arsenal shall be
headed by a Director who shall be assisted by one or more
Assistant Directors. It shall have staff and operating units
provided by law.chanrobles virtual law library
Chapter 4
OFFICE OF CIVIL DEFENSE
Sec. 27. Organization. - The Office of Civil Defense shall be
headed by an Administrator who shall be assisted by a
Deputy Administrator. The Office shall have staff and
operating units as may be provided by law.chanrobles
virtual law library
Chapter 5
PHILIPPINE VETERANS AFFAIRS OFFICE
Sec. 31. Organization. - The Philippine Veterans Affairs
Office shall be headed by an Administrator who may be
assisted by one Deputy Administrator. It shall have staff
and operating units provided by law.chanrobles virtual law
library
Chapter 6
ADMINISTRATIVE CODE OF 1987
ARMED FORCES OF THE PHILIPPINES
Sec. 33. Functions. - The Armed Forces of the Philippines
(AFP) shall:
Chapter 7
GENERAL HEADQUARTERS
Sec. 40. Functions. - The General Headquarters, AFP,
shall:
Chapter 8
MAJOR SERVICES
Sec. 46. Organization.- The Major Services shall be
organized by the Chief of Staff in accordance with the
policies laid down by the Secretary of National Defense. The
commanders of the Major Services shall hold such grade as
provided by law, and shall be appointed by the President
upon the recommendation of the Secretary of National
Defense.chanrobles virtual law library
Chapter 9
PHILIPPINE MILITARY ACADEMY
Sec. 58. Organization. - (1) The Philippine Military
Academy is the primary training and educational institution
 ADMINISTRATIVE CODE OF 1987

of the AFP. It shall be the primary sources of regular respective organizational structures and perform the
officers of the Standing Force.chanrobles virtual law library functions and duties assigned to them by law, subject to the
requirements of economy, efficiency, and
effectiveness.chanrobles virtual law library
Chapter 10
NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES Subtitle III
THE NATIONAL POLICE COMMISSION
Sec. 60. Organization and Administration. - (1) The
National Defense College of the Philippines, hereafter Sec. 69. Declaration of Policy. - (1) The State shall
referred to as the College, shall be under the direction, establish and maintain one police force which shall be
supervision and control of the Secretary of National national in scope and civilian in character, to be
Defense.chanrobles virtual law library administered and controlled by a national police
commission and shall provide, by law, the authority of local
executives over the police units in their
Chapter 11 jurisdiction.chanrobles virtual law library
INTEGRATED NATIONAL POLICE

Sec. 63. Composition. - Unless otherwise provided by law, Title IX

the Integrated National Police shall be composed of the
Philippine Constabulary as the nucleus and the Integrated
Police Force, Fire Services as Jail Management Services as
components, under the Department of National
Defense.chanrobles virtual law library
Chapter 12
ATTACHED AGENCIES
Sec. 68. Attached Agencies. - Agencies which are attached
to the Department shall operate in accordance with their
HEALTH
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall protect and
promote the right to health of the people and instill health
consciousness among them; adopt an integrated and
comprehensive approach to health development, with
priority for the underprivileged sick, elderly, disabled,
women and children; endeavor to make essential goods,
health and other social services available to all the people

at affordable cost; establish and maintain an effective food
and drug regulatory system; and undertake appropriate
health manpower development and research, responsive to
the country's health needs and problems.chanrobles virtual
law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Department Proper. - The Department Proper shall
be composed of the Office of the Secretary, the Office for
Management Services, the Office for Public Health Services,
the Office for Hospital and Facilities Services, the Office for
Standards and Regulations, and the Executive Committee
for National Filed Operations.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 12. Office for Management Services. - The Office for
Management Services, headed by an Undersecretary who
shall be supported by an Assistant Secretary, shall include
six (6) staff services involved in providing support services
to the Department Proper, field offices and attached
agencies, which are as follows:
Chapter 4
ADMINISTRATIVE CODE OF 1987
OFFICES AND BUREAUS
Sec. 13. Office for Public Health Services. - The Office for
Public Health Services, headed by an Undersecretary, shall
include ten (10) staff services involved in policy
formulation, standards development, programs
development, and program monitoring of disease control
and service delivery programs implemented by the field
offices. The Undersecretary for Public Health Services, who
shall be supported by an Assistant Secretary, shall
supervise the following:
Chapter 5
FIELD OFFICES
Sec. 16. Office for National Field Operations. - The Office
for National Field Operations, through an Executive
Committee, shall supervise the operations of the various
Regional Field Offices and the National Health Facilities, as
enumerated in Section 17(3) and further described in
Sections 18, 19 and 20 hereof.chanrobles virtual law library
Chapter 6
ATTACHED AGENCIES
Sec. 24. Attached Entities. - The Philippine Medical Care
Commission and the Dangerous Drugs Board shall be
attached to the Department and shall continue to operate

and function in accordance with the law creating them,
except as otherwise provided in this Code.chanrobles
virtual law library
Title X
TRADE AND INDUSTRY
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall develop a
self-reliant and independent national economy effectively
controlled by Filipinos. It recognizes the indispensable role
of the private sector, encourages private enterprise, and
provides incentives to needed investments.chanrobles
virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary, his immediate staff, the
Undersecretary for Policy Planning and Support Services,
and the Offices and Services directly supportive of the
Office of the Secretary. The functions of the foregoing shall
be as follows:
ADMINISTRATIVE CODE OF 1987
Chapter 3
OFFICE OF THE UNDERSECRETARY FOR DOMESTIC
TRADE
Sec. 10. Office of the Undersecretary for Domestic Trade. -
The Office of the Undersecretary for Domestic Trade shall
include all the staff bureaus and services involved in policy
formulation, standards development, regulatory, and
service delivery programs pertinent to domestic trade and
commerce being implemented by the Department's line
operating units. The Undersecretary for Domestic Trade
shall supervise the following:
Chapter 4
OFFICE OF THE UNDERSECRETARY FOR INTERNATIONAL
TRADE
Sec. 11. Office of the Undersecretary for International
Trade. - The Office of the Undersecretary for International
Trade shall include all the units involved in policy
formulation, standards development, program monitoring
of the development, regulatory, and service delivery
programs of the Department pertinent to international
trade and commerce being implemented by the
Department's line operating units. The Undersecretary for
International Trade shall supervise the following:
Chapter 5

OFFICE OF THE UNDERSECRETARY FOR
INDUSTRY AND INVESTMENTS
Sec. 12. Office of the Undersecretary for Industry and
Investments. - The Office of the Undersecretary for Industry
and Investments shall supervise all agencies involved in the
formulation and implementation of programs and projects
pertinent to the development of domestic industries and
the promotion of investments in activities or enterprises
critical to the Department's trade and industry
development program.chanrobles virtual law library
Chapter 6
OFFICE OF THE UNDERSECRETARY FOR
REGIONAL OPERATIONS
Sec. 13. Office of the Undersecretary for Regional
Operations. - The Office of the Undersecretary for Regional
Operations shall exercise supervision and control over the
Department's Regional Offices, described in Section 9, par.
1 hereof. It shall be responsible for the field operations of
the Department, ensuring full compliance with Department
policies, rigorous implementation of Department and
regulations, and proper implementation of Department
plans and programs by the Regional Offices in their
respective administrative jurisdictions.chanrobles virtual
law library
ADMINISTRATIVE CODE OF 1987
Chapter 7
ATTACHED AGENCIES
Sec. 15. Line Corporate Agencies and Government
Entities. - The following are the Line Corporate Agencies
and Government Entities that will perform their specific
regulatory functions, particular developmental
responsibilities, and specialized business activities in a
manner consonant with the Departments' mandate,
objectives, policies, plans, and programs:
Title XI
AGRARIAN REFORM
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall undertake
an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless to own
directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits
thereof.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER
 ADMINISTRATIVE CODE OF 1987

Sec. 5. Office of the Secretary. - The Office of the Secretary

shall consist of the Secretary and his immediate Title XII
staff.chanrobles virtual law library LOCAL GOVERNMENT

Chapter 1
Chapter 3 GENERAL PROVISIONS
DEPARTMENT SERVICES
Sec. 1. Declaration of Policy. - The State shall ensure the
Sec. 8. Management and Executive Services. - The autonomy of local governments. For this purpose, it shall
Management and Executive Services shall have the provide for a more responsive and accountable local
following functions: government structure instituted through a system of
decentralization. The allocation of powers and resources to
local government units shall be promoted, and inter-local
Chapter 4 government grouping, consolidation and coordination of
BUREAUS resources shall be encouraged. The State shall guarantee
the local government units their just share in national taxes
Sec. 13. Bureau of Agrarian Legal Assistance. - The and their equitable share in proceeds from the use of
Bureau of Agrarian Legal Assistance shall have the natural resources, and afford them a wider latitude for
following functions: resources generation.chanrobles virtual law library

Chapter 5 Chapter 2
REGIONAL AND DISTRICT OFFICES DEPARTMENT PROPER
AND ATTACHED AGENCIES
Sec. 5. Office of the Secretary. - The Office of the Secretary
Sec. 18. Regional Office. - The Regional Office shall be shall consist of the Secretary and his immediate
responsible for supporting the field units and supervising staff.chanrobles virtual law library
program implementation of the Department within the
region. It shall:
Chapter 3

DEPARTMENT SERVICES
Sec. 7. Planning Service. - The Planning Service shall be
responsible for providing the Department with efficient and
effective services relating to planning, programming,
research and statistics.chanrobles virtual law library
Chapter 4
BUREAUS AND OFFICES
Sec. 12. Bureau of Local Government Supervision. - The
Bureau of Local Government Supervision, to be headed by a
Bureau Director appointed by the President upon the
recommendation of the Secretary, shall have the following
functions:
Chapter 5
REGIONAL AND FIELD OFFICES
Sec. 18. Regional and Field Offices. - The Secretary is
authorized to establish, operate and maintain one Regional
Office in each of the administrative regions established by
law. A Regional Office shall have, within its administrative
region, the following functions:
Chapter 6
LEAGUES OF PROVINCES, CITIES
ADMINISTRATIVE CODE OF 1987
AND MUNICIPALITIES
Sec. 19. Leagues of Provinces, Cities and Municipalities. -
There is hereby created the Leagues of Provinces, Cities and
Municipalities.chanrobles virtual law library
Title XIII
TOURISM
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall promote,
encourage and develop tourism as a major national activity
in which private sector investment, effort and initiative are
fostered and supported, and through which socio-economic
development may be accelerated, foreign exchange earned,
international visitors offered the opportunity to travel to
the Philippines and appreciate its natural beauty, history
and culture, and Filipinos themselves enabled to see more
of their country and embued with greater pride in and
commitment to the nation.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER

Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary and his immediate
staff.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 7. Department Service Character and Head. - The
Department Services shall be essentially staff in character,
each of which shall be headed by a Service Chief.chanrobles
virtual law library
Sec. 8. Financial and Management Service. - The Financial
and Management Service shall provide the Department
with staff advice and assistance on budgetary, financial and
management matters and shall perform such other related
functions as may be assigned or delegated to it by the
Secretary.chanrobles virtual law library
Chapter 4
BUREAUS AND OFFICES
Sec. 11. Bureau and Office Character and Head. - The
Bureaus and Offices shall be essentially staff in character,
each of which shall be headed by a Staff Director.chanrobles
virtual law library
ADMINISTRATIVE CODE OF 1987
Chapter 5
FOREIGN AND REGIONAL OFFICES
Sec. 19. Foreign Field Offices. - Subject to the approval of
the President, the Department shall have foreign offices as
may be necessary in the marketing and promotion of the
Philippines as an international tourist destination, which
shall oversee and implement the marketing and
promotional programs of the Department.chanrobles
virtual law library
Chapter 6
ATTACHED AGENCIES
Sec. 21. Attached Agencies. - The Philippine Tourism
Authority, and Philippine Convention Bureau, Intramuros
Administration, and National Parks Development
Committee are hereby attached to the Department and
shall continue to operate and function in accordance with
the respective charters/laws/orders provided in this
Code.chanrobles virtual law library
Title XIV
ENVIRONMENT AND NATURAL RESOURCES
Chapter 1
GENERAL PROVISIONS

Sec. 1. Declaration of Policy. - (1) The State shall ensure,
for the benefit of the Filipino people, the full exploration
and development as well as the judicious disposition,
utilization, management, renewal and conservation of the
country's forest, mineral, land, waters, fisheries, wildlife,
off-shore areas and other natural resources, consistent with
the necessity of maintaining a sound ecological balance and
protecting and enhancing the quality of the environment
and the objective of making the exploration, development
and utilization of such natural resources equitably
accessible to the different segments of the present as well
as future generations.chanrobles virtual law library
Chapter 2
THE DEPARTMENT PROPER
Sec. 6. Composition. - The Department Proper shall be
composed of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, and the Public
Affairs Office, Special Concerns Office, and the Pollution
Adjudication Board.chanrobles virtual law library
Chapter 3
THE STAFF SECTORAL BUREAUS
Sec. 14. Forest Management Bureau. - The Forest
Management Bureau shall be headed by a Director and
assisted by an Assistant Director, and shall integrate and
ADMINISTRATIVE CODE OF 1987
absorb the powers of the Bureau of Forest Development
and the Wood Industry Development Authority which were
abolished by Executive Order No. 131, except those line
functions and powers thereof which are transferred to the
regional field office.chanrobles virtual law library
Chapter 4
THE DEPARTMENT FIELD OFFICES
Sec. 20. Field Offices of the Department. - The Field offices
of the Department are the Environmental and Natural
Resources Regional Offices in the thirteen (13)
administrative regions of the country; the Environment and
Natural Resources Provincial Office in every province, and
the Community Office in every municipality, whenever
deemed necessary.chanrobles virtual law library
Chapter 5
ATTACHED AGENCIES AND CORPORATIONS
Sec. 23. Attached Agencies and Corporations. - The
following agencies and corporations shall be attached to
and under the administrative supervision of the
Department:
Title XV
TRANSPORTATION AND COMMUNICATIONS

Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State is committed to
the maintenance and expansion of viable, efficient, fast, safe
and dependable transportation and communications
systems as effective instruments for national recovery and
economic progress. It shall not compete as a matter of
policy with private enterprise and shall operate
transportation and communications facilities only in those
areas where private initiatives are inadequate or non-
existent.chanrobles virtual law library
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary, his immediate staff, the
Franchising Review Staff and the Investigation, Security
and Law Enforcement Staff.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 13. Department Services. - The Department Services
shall include the following:
ADMINISTRATIVE CODE OF 1987
Chapter 4
REGIONAL OFFICES
Sec. 14. Regional Offices. - The Department shall have
three (3) Regional Offices in each of the administrative
regions of the country: the Regional Office for Land
Transportation, the Regional Office for
Telecommunications and the Regional Office for Postal
Services. Each Regional Office shall be headed by a Regional
Director to be assisted by an Assistant Regional
Director.chanrobles virtual law library
Chapter 5
REGULATORY BOARD
Sec. 15. Land Transportation Franchising and Regulatory
Board. - The quasi-judicial powers and functions with
respect to land transportation shall be exercised through
the Land Transportation and Regulatory Board, hereinafter
referred to as the "Board".chanrobles virtual law library
Chapter 6
ATTACHED AGENCIES
Sec. 23. Attached Agencies and Corporations. - The
following agencies and corporations are attached to the
Department: The Philippine National Railways, the

Maritime Industry Authority, the Philippine National Lines,
the Philippine Aerospace Development Corporation, the
Metro Manila Transit Corporation, the Office of Transport
Cooperatives, the Philippine Ports Authority, the Philippine
Merchant Marine Academy, the Toll Regulatory Board, the
Light Rail Transit Authority, the Transport Training Center,
the Civil Aeronautics Board, the National
Telecommunications Commission and the Manila
International Airport Authority.chanrobles virtual law
library
Title XVI
SOCIAL WELFARE AND DEVELOPMENT
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State is committed to
the care, protection, and rehabilitation of individuals,
families and communities which have the least in life and
need social welfare assistance and social work intervention
to restore their normal functioning and enable them to
participate in community affairs.chanrobles virtual law
library
Chapter 2
DEPARTMENT PROPER
ADMINISTRATIVE CODE OF 1987
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary and the Secretary's immediate
staff, and the Public Affairs and Liaison Service.chanrobles
virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 8. Services of the Department. - The Services listed in
Section 7 (1) and (3) hereof and the public Affairs and
Liaison Service shall respectively have the following
functions:
Chapter 4
BUREAUS AND OFFICES
Sec. 9. Composition. - The Staff bureaus listed in Section 7
(2) hereof shall be essentially staff in character and as such
shall exercise technical supervision over the Regional
Offices; shall be primarily involved in the development of
policies and programs within their respective functional
specializations; and shall formulate and develop related
policies, guidelines and standards necessary in guiding the
Regional Offices in the proper implementation of such
policies and programs.chanrobles virtual law library
Chapter 5

REGIONAL OFFICES
Sec. 12. Regional Office. - The Department is hereby
authorized to establish, operate and maintain a Regional
Office in each of the administrative regions of the
country.chanrobles virtual law library
Chapter 6
PROVINCIAL/CITY OFFICES
Sec. 16. Provincial/City Office. - The Department is
hereby authorized to establish, operate and maintain
Provincial/City Offices throughout the country with
jurisdiction over all municipalities/districts within the
province. The Provincial/City Offices shall have the
following functions:
Chapter 7
MUNICIPAL/DISTRICT OFFICES
Sec. 18. Municipal/District Office. - The Department is
hereby authorized to establish, operate and maintain a
Municipal/District Office to service a municipality or city
district which shall be headed by the Supervising Social
Welfare Officer and shall be primarily responsible for the
efficient and effective implementation of the Department's
field programs in the municipality or city, under the
ADMINISTRATIVE CODE OF 1987
supervision of the Provincial/City Office.chanrobles virtual
law library
Chapter 8
ATTACHED AGENCIES
Sec. 19. Agencies Under Administrative Supervision and
Attached Agencies. - The Population Commission Council
for the Welfare of Children, National Nutrition Council and
the National Council for the Welfare of Disabled Person and
the agencies attached to the Department shall continue to
operate and function in accordance with their respective
charters or laws creating them, except as otherwise
provided in this Code.chanrobles virtual law library
Chapter 9
FUND DRIVES
Sec. 20. Solicitation. - Any person, corporation,
organization, or association desiring to solicit or receive
contribution for charitable or public welfare purposes shall
first secure a permit from the Regional Offices of the
Department. Upon the filing of a written application for a
permit in the form prescribed by the Regional Offices of the
Department, the Regional Director or his duly authorized
representative may, in his discretion, issue a permanent or
temporary permit or disapprove the application. In the
interest of the public, he may in his discretion renew or
revoke any permit issued under Act 4075.chanrobles
virtual law library

Chapter 10
SOCIAL WELFARE AGENCIES AND SERVICES
Sec. 23. Social Welfare Services by Others. - Social welfare
services by the Department shall be without prejudice to
similar efforts by any local government unit or private
agency, institution or group. All Department units shall
actively promote and extend maximum assistance,
including the provision of counterpart or supplementary
funds and resources, upon approval by the Secretary, to
such efforts.chanrobles virtual law library
Title XVII
BUDGET AND MANAGEMENT
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The national budget shall
be formulated and implemented as an instrument of
national development, reflective of national objectives and
plans; supportive of and consistent with the socio-
economic development plans and oriented towards the
achievement of explicit objectives and expected results, to
ensure that the utilization of funds and operations of
government entities are conducted effectively; formulated
within the context of a regionalized governmental structure
and within the totality of revenues and other receipts,
ADMINISTRATIVE CODE OF 1987
expenditures and borrowings of all levels of government
and of government-owned or controlled corporations; and
prepared within the context of the national long-term plans
and budget programs of the Government.chanrobles virtual
law library
Chapter 2
DEPARTMENT PROPER
Sec. 4. Office of the Secretary. - The Office of the Secretary
shall consist of his immediate staff, the Budget Control Staff,
Research Staff, a Regional Coordination Staff for Luzon, and
a Regional Coordination Staff for Visayas and
Mindanao.chanrobles virtual law library
Chapter 3
DEPARTMENT SERVICES
Sec. 7. Management Services Office. - The Management
Services Office shall consist of the following bureaus:
Chapter 4
BUREAUS
Sec. 10. The Budget Operations Office. - The Budget
Operations Office shall review and analyze the work and
financial flows, the budgetary proposals of national and

local government agencies and corporations, check each
agency's compliance with the budgetary policies and
project priorities, determine the budgetary implications of
foreign assisted projects from the time of project design to
the negotiation for financial assistance, prepare
recommendations for fund releases, formulate and
implement fiscal policies and plans for budget preparation
and control, and conduct studies on economic trends and
factors affecting government revenues, expenditures and
borrowings. It shall consist of the following Bureaus:
Title XVIII
SCIENCE AND TECHNOLOGY
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall:
Chapter 2
DEPARTMENT PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary
shall consist of the Secretary and his immediate
staff.chanrobles virtual law library
Chapter 3
ADMINISTRATIVE CODE OF 1987
SERVICES
Sec. 8. Services. - The Services of the Department shall
consist of the following:
Chapter 4
BOARD, COUNCILS AND INSTITUTES
Sec. 9. Inter-Council Review Board. - There shall be an
Inter-Council Review Board, composed of the Secretaries or
their designated Undersecretaries who are members of the
sectoral planning councils under Sections 10, 11, 12, 13, 14,
and 15, and shall be chaired by the Secretary of Science and
Technology.chanrobles virtual law library
Chapter 5
REGIONAL OFFICES.chanrobles virtual law library
Sec. 28. Regional Offices.- The Department is authorized
to establish, operate and maintain a Regional Office,
whenever appropriate, in each of the administrative
regions of the country, to be headed by a Regional Director
who shall report and be subject to the supervision of, the
Undersecretary for Regional Operations. A Regional Office
shall have, within its administrative region, the following
functions:

Chapter 6
ATTACHED AGENCIES
Sec. 30. Attached Agencies. - The following agencies shall
be attached to the Department: the Philippine National
Science Society, the National Academy of Science and
Technology, the Philippine Science High School, and the
Metals Industry Research and Development Center.
The Center shall have the powers and functions assigned
to it by law.
BOOK V
Title I
CONSTITUTIONAL COMMISSIONS
Subtitle A
CIVIL SERVICE COMMISSION
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall insure and
promote the Constitutional mandate that appointments in
the Civil Service shall be made only according to merit and
fitness; that the Civil Service Commission, as the central
personnel agency of the Government shall establish a
career service, adopt measures to promote morale,
ADMINISTRATIVE CODE OF 1987
efficiency, integrity, responsiveness, and courtesy in the
civil service, strengthen the merit and rewards system,
integrate all human resources development programs for
all levels and ranks, and institutionalize a management
climate conducive to public accountability; that public
office is a public trust and public officers and employees
must at all times be accountable to the people; and that
personnel functions shall be decentralized, delegating the
corresponding authority to the departments, offices and
agencies where such functions can be effectively
performed.chanrobles virtual law library
Chapter 2
COVERAGE OF THE CIVIL SERVICE
Sec. 6. Scope of the Civil Service. - (1) The Civil Service
embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned
or controlled corporations with original
charters.chanrobles virtual law library
Chapter 3
ORGANIZATION AND FUNCTIONS
OF THE CIVIL SERVICE COMMISSION
Sec. 10. Composition. - The Commission shall be
composed of a Chairman and two Commissioners who shall
be natural born citizens of the Philippines and, at the time

of their appointment, at least thirty-five years of age, with
proven capacity for public administration, and must not
have been candidates for any elective position in the
elections immediately preceding their
appointment.chanrobles virtual law library
Chapter 4
INTERDEPARTMENT RELATIONS
Sec. 18. Civil Service Assistance to Department and
Agencies. - Each Secretary or head of office, agency,
government-owned or controlled corporation with original
charter and local government shall be responsible for
personnel administration in his office which shall be in
accordance with the provision relating to civil service
embodied in the Constitution, this Title and the rules,
principles, standards, guidelines and regulations
established by the Commission. The Civil Service
Commission shall, whenever it deems it in the interest of
the public service, organize in each department, office,
agency, government-owned or controlled corporation, and
provincial and city government a Civil Service Staff which
shall be headed by an officer of the Commission. The
necessary staff personnel and office facilities and
equipment shall be provided by the department,
government-owned or controlled corporation or local
government where the staff is established but the
Commission may augment these with its own. The Staff
shall serve as the principal liaison between the Civil Service
ADMINISTRATIVE CODE OF 1987
and Department concerned and shall perform the following
specific functions and those functions which may hereafter
be assigned to it by the Commission.chanrobles virtual law
library
Chapter 5
PERSONNEL POLICIES AND STANDARDS
Sec. 21. Recruitment and Selection of Employees. - (1)
Opportunity for government employment shall be open to
all qualified citizens and positive efforts shall be exerted to
attract the best qualified to enter the service. Employees
shall be selected on the basis of fitness to perform the
duties and assume the responsibilities of the
positions.chanrobles virtual law library
Chapter 6
RIGHT TO SELF-ORGANIZATION
Sec. 38. Coverage. - (1) All government employees,
including those in government-owned or controlled
corporations with original charters, can form, join or assist
employees' organizations of their own choosing for the
furtherance and protection of their interests. They can also
form, in conjunction with appropriate government
authorities, labor-management committees, work councils
and other forms of workers' participation schemes to
achieve the same objectives.chanrobles virtual law library

Chapter 7
PROHIBITIONS
Sec. 54. Limitation on Appointment. - (1) No elective
official shall be eligible for appointment or designation in
any capacity to any public office or position during his
tenure.chanrobles virtual law library
Chapter 8
LEAVE OF ABSENCE
Sec. 60. Leave of Absence. - Officers and employees in the
Civil Service shall be entitled to leave of absence, with or
without pay, as may be provided by law and the rules and
regulations of the Civil Service Commission in the interest
of the service.chanrobles virtual law library
Chapter 9
MISCELLANEOUS PROVISIONS
Sec. 61. Examining Committee, Special Examiners and
Special Investigators. - Subject to approval by the proper
head of a department or agency, the Commission may select
suitable persons in the government service to act as
members of examining committees, special examiners or
special investigators. Such persons shall be designated
examiners or investigators of the Commission and shall
perform such duties as the Commission may require, and in
ADMINISTRATIVE CODE OF 1987
the performance of such duties they shall be under its
exclusive control. Examining committees, special examiners
or special investigators so designated may be given
allowances or per diems for their services, to be paid out of
the funds of, and at a rate to be determined by, the
Commission.chanrobles virtual law library
Subtitle B
THE COMMISSION ON AUDIT
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy.- All resources of the
government shall be managed, expended or utilized in
accordance with law and regulations and safeguarded
against loss or wastage through illegal or improper
disposition to ensure efficiency, economy and effectiveness
in the operations of government. The responsibility to take
care that such policy is faithfully adhered to rests directly
with the chief or head of the government agency
concerned.chanrobles virtual law library
Chapter 2
ORGANIZATION OF THE COMMISSION ON AUDIT
Sec. 3. The Commission Proper. - The Commission Proper
shall be composed of the Chairman and two
 ADMINISTRATIVE CODE OF 1987

Commissioners. It shall sit as a body to formulate policies,

promulgate rules and regulations, and prescribe standards
governing the discharge of its powers and Chapter 6
functions.chanrobles virtual law library GOVERNMENT AUDITING AND ACCOUNTING

Sec. 38. Definition of Government Auditing. - Government

Chapter 3 auditing is the analytical and systematic examination and
OFFICES verification of financial transactions, operations, accounts
and reports of any government agency for the purpose of
Sec. 7. Central Offices. - The Commission shall have the determining their accuracy, integrity and authenticity, and
following central offices: satisfying the requirements of law, rules and
regulations.chanrobles virtual law library

Chapter 4
JURISDICTION, POWERS AND FUNCTIONS OF THE Chapter 7
COMMISSION RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY

Sec. 10. Statement of Objectives. - In keeping with the
constitutional mandate, the Commission adheres to the
following objectives:
Chapter 5
DECISIONS OF THE COMMISSION
Sec. 33. Appeal from Decision of Auditors. - Any person
aggrieved by the decision of an auditor of any government
agency in the settlement of an account or claim may, within
six (6) months from receipts of a copy thereof, appeal in
writing to the Commission.chanrobles virtual law library
Sec. 42. Accounting for Money and Property Received by
Public Officials. - Except as may otherwise be specifically
provided by law or competent authority, all moneys and
property officially received by a public officer in any
capacity or upon any occasion must be accounted for as
government funds and government property. Government
property shall be taken up in the books of the agency
concerned at acquisition cost or an appraised
value.chanrobles virtual law library
Chapter 8
APPLICATION OF APPROPRIATED FUNDS

Sec. 45. Disbursement of Government Funds. - (1)
Revenue funds shall not be paid out of any public treasury
or depository except in pursuance of an appropriation law
or other specific statutory authority;
Chapter 9
ACCOUNTABILITY AND RESPONSIBILITY
FOR GOVERNMENT FUNDS AND PROPERTY
Sec. 50. Accountable Officers; Board Requirements. - (1)
Every officer of any government agency whose duties
permit or require the possession or custody government
funds shall be accountable therefor and for safekeeping
thereof in conformity with law; and
Chapter 10
MISCELLANEOUS PROVISIONS
Sec. 54. Duty to Respect the Commission's Independence.
- It shall be the duty of every person to respect, protect and
preserve the independence of the Commission.chanrobles
virtual law library
Subtitle C
COMMISSION ON ELECTIONS
ADMINISTRATIVE CODE OF 1987
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall at all times
ensure free, orderly, honest, peaceful and credible elections
under a free and open party system which shall be allowed
to evolve according to the free choice of the people subject
to the provisions of Article IX-C of the 1987 Constitution of
the Philippines.chanrobles virtual law library
Chapter 2
THE COMMISSION PROPER
Sec. 4. Composition and Qualifications. - There shall be a
Commission on Elections composed of a Chairman and six
(6) Commissioners who shall be natural born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five (35) years of age, holders of a college degree, and
must not have been candidates for any elective position in
the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of
law for at least ten (10) years.chanrobles virtual law library
Chapter 3
THE FIELD OFFICES

Sec. 11. Field Office of the Commission. - The Commission
shall have the following field offices:
Title II
OTHER BODIES
Subtitle A
COMMISSION ON HUMAN RIGHTS
Sec. 1. Composition and Qualification. - The Commission
on Human Rights shall be composed of a Chairman and four
(4) Members who must be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, and must not have been candidates
for any elective position in the elections immediately
preceding their appointment. However, a majority thereof
shall be members of the Philippine Bar.chanrobles virtual
law library
Subtitle B
OFFICE OF THE OMBUDSMAN
Sec. 1. Composition. - (1) The Office of the Ombudsman
shall be headed by the Ombudsman, to be known as the
Tanod-bayan, who shall be assisted by one overall Deputy
and at least by one Deputy each for Luzon, Visayas and
Mindanao. A separate Deputy for the military establishment
may likewise be appointed.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Subtitle C
THE NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY
Chapter 1
GENERAL PROVISIONS
Sec. 1. Declaration of Policy. - The State shall ensure that
all socio-economic programs and activities of the
government shall be programmed within the context of
well-formulated and consistent long, medium, and short-
term development plans and policies to promote both the
growth of the economy and the equitable distribution of the
benefits of such growth to the members of society. To this
end, it is recognized that the formulation of the required
socio-economic development policies and plans is a vital
process that calls for the participation of the various
government agencies and private sector institutions and
individuals concerned, both on national, regional, and local
levels. This process of policy and plan formulation, however
needs to be coordinated closely by a central government
agency to ensure consistency of these plans and policies
and optimal use of the nation's scarce resources.chanrobles
virtual law library
Chapter 2
NEDA BOARD

Sec. 5. Composition of the NEDA Board. - The NEDA
Board shall be composed of the following:
Chapter 3
NEDA SECRETARIAT
Sec. 8. The NEDA Secretariat. - The Secretariat of NEDA
shall have the following functions:
Chapter 4
ATTACHED AGENCIES
Sec. 16. Retained Agencies. - The following agencies,
currently attached to the Authority, shall continue to be so
attached for purposes of supervision;
(1) Philippine Institute for Development Studies:
(2) Philippine National Volunteer Service Coordinating
Agency; and
(3) Tariff Commission.chanrobles virtual law library
The Authority shall arrange for the transfer of the
functions of the following agencies to the Regional
Development Councils concerned or other agencies as may
be appropriate:
(1) Kalinga Special Development Region;
(2) Laguna Lake Development Authority;
(3) Leyte Sab-A Basin Development Authority.chanrobles
virtual law library
ADMINISTRATIVE CODE OF 1987
The National Council for integrated Area Development
(NACIAD) and the Central Visayas Regional Projects Office
(CVRPO) are hereby transferred to the Authority which
shall, within one (1) year from the date of effectivity of this
Code, recommend their transfer to the appropriate
department in conjunction with the Department of Budget
and Management. The Authority shall further review the
functions and activities of all other Integrated Area
Development programs and projects and any other
programs requiring multi-sectoral and/or multi-
disciplinary approaches in order to recommend the
appropriate disposition and supervision of the
same.chanrobles virtual law library
The Authority shall furthermore review the mandate,
objectives and functions of all development authorities in
order to recommend such dispositions or revisions of their
charters, as may be deemed advisable.
BOOK VI
NATIONAL GOVERNMENT BUDGETING
Chapter 1
GENERAL PROVISIONS
Sec. 1. Constitutional Policies on the Budget. - (1) All
appropriations, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of
Representatives but the Senate may propose or concur with
amendments.

Chapter 2 - BUDGET POLICY AND APPROACH
Sec. 3. Declaration of Policy. - It is hereby declared the
policy of the State to formulate and implement a National
Budget that is an instrument of national development,
reflective of national objectives, strategies and plans. The
budget shall be supportive of and consistent with the socio-
economic development plan and shall be oriented towards
the achievement of explicit objectives and expected results,
to ensure that funds are utilized and operations are
conducted effectively, economically and efficiently. The
national budget shall be formulated within the context of a
regionalized government structure and borrowings of all
levels of government and of government-owned or
controlled corporations. The budget shall likewise be
prepared within the context of the national long-term plan
and of a long-term budget program.
Chapter 3
BUDGET PREPARATION
Sec. 11. Submission of the Budget. - The President shall,
in accordance with Section 22 (1), article VII of the
Constitution, submit within thirty (30) days from the
opening of each regular session of the Congress as the basis
for the preparation of the General Appropriations Act, a
national government budget estimated receipts based on
ADMINISTRATIVE CODE OF 1987
existing and proposed revenue measures, and of estimated
expenditures.
Chapter 4
BUDGET AUTHORIZATION
Sec. 23. Content of the General Appropriations Act. - The
General Appropriations Act shall be presented in the form
of budgetary programs and projects for each agency of the
government, with the corresponding appropriations for
each program and project, including statutory provisions of
specific agency or general applicability. The General
Appropriations Act shall not contain any itemization of
personal services, which shall be prepared by the Secretary
after enactment of the General Appropriations Act, for
consideration and approval of the President.
Chapter 5
BUDGET EXECUTION
Sec. 32. Use of Appropriated Funds. - All moneys
appropriated for functions, activities, projects and
programs shall be available solely for the specific purposes
for which these are appropriated.
Chapter 6
BUDGET ACCOUNTABILITY

Sec. 51. Evaluation of Agency Performance. - The
President, through the Secretary shall evaluate on a
continuing basis the quantitative and qualitative measures
of agency performance as reflected in the units of work
measurement and other indicators of agency performance,
including the standard and actual costs per unit of work.
Chapter 7
EXPENDITURE OF APPROPRIATED FUNDS
Sec. 58. Contracting of Activities. - Agencies may enter
into contracts with individuals or organizations, both public
and private, subject to provisions of law and applicable
guidelines approved by the President: provided, that
contracts shall be for specific services which cannot be
provided by the regular staff of the agency, shall be for a
specific period of time, and shall have a definite expected
output: provided, further, that implementing, monitoring
and other regular and recurring agency activities shall not
be contracted for, except for personnel hired on an
individual and contractual basis and working as part of the
organization, or as otherwise may be approved by the
President: Provided, finally, that the cost of contracted
services shall not exceed the amount that would otherwise
be incurred had the work been performed by regular
employees of government, except as may be authorized
under this section.chanrobles virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 59. Authority to Receive Additional Compensation. -
Officials and employees who are duly appointed by
competent authority to any position in another government
office or agency in a concurrent capacity, may, in the
discretion of the President, be allowed to receive additional
compensation in the form of allowance or honorarium at
such rates he shall fix and subject to such conditions as she
may prescribe. Such additional compensation shall be paid
from the appropriations of the office or agency benefitting
from the concurrent service.chanrobles virtual law library
Sec. 60. Restrictions on Salary Increases. - No portion of
the appropriations provided in the General Appropriations
Act shall be used for payment of any salary increase or
adjustment unless specifically authorized by law or
appropriate budget circular nor shall any appropriation for
salaries authorized in the General Appropriations Act, save
as otherwise provided for under the Compensation and
Position Classification Act, be paid unless the positions
have been classified by the Budget Commission.chanrobles
virtual law library
Sec. 61. Merit Increases. - The budgets of national
government agencies may provided for a lump-sum for
merit increases, subject to such terms and conditions as
may be approved by the President. Such lump-sum shall be
used to fund salary increases approved by the head of
agency in recognition of meritorious performance:
Provided, That the Civil Service Commission and the
Department of Budget shall jointly issue the rules and
regulations governing the granting of such merit
increases.chanrobles virtual law library

Sec. 62. Salary for Substitutionary Service. - When an
official or employee is issued a duly approved appointment
in a temporary or acting capacity to take the place and
perform the duties of another who is temporarily absent
from his post with pay, savings in the appropriations of the
department, bureau or office may be used for the payment
of his salary or differential, subject to the approval of the
Secretary.chanrobles virtual law library
Sec. 63. Additional Compensation for Overtime Service. -
Officials and employees of the National Government, when
required to work overtime after regular working hours
during ordinary days, during half-day sessions, or on
Saturdays, Sundays and holidays, by the heads of
departments concerned, to finish work that must be
completed within a specified time, may be paid overtime
compensation from any unexpected balance of the
appropriation for salaries and wages authorized in the
General Appropriations Act and under such guidelines as
may be issued by the President.chanrobles virtual law
library
Sec. 64. Compensation of Persons Receiving Pension. - A
person receiving life pension, annuity, or gratuity as a
result of service in the national government or any local
government unit, or from any government-owned or
controlled corporation, who is reappointed to any position,
the appropriation for the salary of which is provided from
funds of the office, shall have the option to receive either
the compensation for the position, or the pension, gratuity
or annuity, but in no case shall he receive both.chanrobles
virtual law library
ADMINISTRATIVE CODE OF 1987
Sec. 65. Prohibition of Voluntary Service. - Unless
otherwise specifically approved by the President, no person
shall be employed or appointed in the government under
the guise of voluntary service, with compensation below
the authorized hiring rate for the position, but with
privilege of transportation and/or representation expenses
in any form, or of receiving per diems, allowances,
honoraria, subsistence, quarters in cash or in kind, payable
from government funds: provided, that the application of
this provisions may be waived to authorize voluntary
service in the Armed Forces of the Philippines or in
connection with relief operations.chanrobles virtual law
library
Sec. 66. Additional Compensation for School Faculty
Members. - Professors, instructors, teachers, or members of
the faculty of government schools, colleges and universities,
when required to teach more than their regular teaching
loads may be paid additional compensation not exceeding
seventy-five percentum of their basic salary.chanrobles
virtual law library
Sec. 67. Laundry. - At the discretion of the department
head concerned, any official or employee of the national
government serving in any hospital, penal institution, or
other similar institution, who is required to wear a uniform
during the performance of his duties, may be granted
laundry allowance in kind, or which may be commuted at
such rates as may be authorized by the Department of
Budget.chanrobles virtual law library
Sec. 68. Hazard Pay. - Upon recommendation of the
department head concerned and approval of the Secretary,

hazard pay may be allowed to employees who are actually
assigned to danger or strife-torn areas, disease-infested
places, or in distressed or isolated stations and camps,
which expose them to great danger of contagion or peril to
life. Such hazard pay shall be paid from savings of the
department concerned at such rates, terms and conditions
as the Secretary may prescribe.chanrobles virtual law
library
Sec. 69. Subsistence. - No official or employee of the
national government shall be given subsistence, the cost of
which is payable from any fund, except the following and
only when an appropriation therefor is specifically
provided:
(1) Marine officers, engineers and crew of government
vessels, launches, and motorboats, who shall take their
meals on the mess when aboard the said vessels, launches,
or motorboats;
(2) Lightkeepers and other employees in light stations
duly authorized by the head of the department to receive
subsistence, who shall be furnished raw canned, or
preserved food supplies;
(3) Officials and employees who are required to render
service within the premises of hospitals, penal institutions,
leper institutions, military installations, and other similar
institutions, for a continuous period that includes meal
time, may be allowed full subsistence when required to live
in said premises to make their services available at any and
all times;
(4) Laborers temporarily fielded to isolated or unsettled
districts shall be furnished the usual rations or the
ADMINISTRATIVE CODE OF 1987
equivalent in cash, at the expense of the
government.chanrobles virtual law library
In hospitals and leper institutions where there are no
mess halls or whenever these are inadequate, personnel
entitled to subsistence allowance in kind may commute
such subsistence upon request of the personnel concerned
subject to the approval of the department head at
authorized rates chargeable against the appropriations for
supplies and materials authorized in the General
Appropriations Act.chanrobles virtual law library
Sec. 70. Subsistence of Crew of Government Vessels. - The
subsistence allowance for the officers and crew of the coast
guard and revenue cutters and lighthouse tenders and
other large vessels operated by the Government shall be
spent for conducting a mess under the charge and
administration of one or more members of the complement
in each vessel to be designated by the corresponding head
of department, and in accordance with regulations to be
issued by him. The person or persons so designated shall
keep an account of the advances of funds received and
expenditures made therefrom for the operation of the mess
and shall render such report to the corresponding
Accounting Officer promptly at the end of each
month.chanrobles virtual law library
Sec. 71. Furnished Quarters. - When the position of any
official or employee is provided with "furnished quarters",
such official or employee shall be entitled to the use of such
government-owned furniture and equipment as are
necessary for his board and lodging and those for his family

including children below twenty-one years of
age.chanrobles virtual law library
Sec. 72. Per Diems of Government Officials and
Employees. - When a government official or employee is
authorized to travel on official business outside of his
permanent station, he shall be entitled to per diems to
cover his board and lodging in accordance with his
schedule: provided, that in addition to per diems, the
official or employee may be entitled to transportation
expenses in going to and coming from his destination and
to a daily allowance while in the field: provided, further,
that officials and employees on travel status whose
expenses for board and lodging are paid directly or
indirectly by government may not be entitled to receive the
per diems and allowances corresponding to such
payments.chanrobles virtual law library
Department secretaries, heads of Constitutional bodies,
undersecretaries and all other positions of equivalent rank
are authorized the reimbursement of actual expenses
supported by receipts, within such limits as may be
imposed under the provisions of this section.chanrobles
virtual law library
Officials and employees authorized to travel abroad may
be granted clothing allowance: provided, that no official or
employee shall be granted such clothing allowance oftener
than once every twenty-four (24) months.chanrobles
virtual law library
The rates of per diems and other allowances as
authorized in this section shall be determined by the
President. The rates may be changed from time to time
ADMINISTRATIVE CODE OF 1987
upon recommendation of a Travel Rates Committee which
is hereby created, consisting of the Secretary of Budget as
Chairman and the Secretary of Foreign Affairs, the
Secretary of Tourism and the Chairman, Commission on
Audit, or their representatives, as members.chanrobles
virtual law library
The Committee shall review travel rates and shall
recommend to the President for consideration and
approval modification in rates and policy when found to be
warranted by actual domestic or foreign travel costs, as the
case may be.chanrobles virtual law library
Government-owned or controlled corporations shall
observe the rates established under this section: provided,
that profit making corporations may adopt their own scales
as may be provided by law. The Travel Rates Committee
shall issue the necessary rules and regulations to enforce
the provisions of this section.chanrobles virtual law library
Sec. 73. Additional Conditions for Payment of Travel
Expenses. - When travel is done by water and subsistence is
not included in the transportation cost, the amount actually
and necessarily spent for subsistence during such travel
time shall be paid, and no per diems shall be allowed in lieu
thereof.chanrobles virtual law library
Per diems and travel allowances shall not be granted to
members of field parties or others for whom subsistence
and allowances in kind are supplied or other special
provision made to cover travel expenses.chanrobles virtual
law library
The travel expenses of a government official or employee
who is assigned to render a special service to any private

person or entity, the expenses for which are payable by the
latter, shall be paid from a deposit which the private party
shall be required to make before the performance of the
special service is commenced, subject to the limitations and
requirements herein provided for travel expenses payable
from government funds.chanrobles virtual law library
No official or employee of the Government who remains
temporarily at one station for a period longer than one (1)
month shall be paid per diems in excess of one (1) month,
except upon the approval of the head of department, and, in
case his temporary stay in any one place exceeds three (3)
months, payment of per diems in excess of three (3)
months shall be made only upon the previous approval of
the Secretary.chanrobles virtual law library
Sec. 74. Transportation of Members of Family of an
Employee Transferred from One Station to Another. -
Whenever, due to the exigencies of the service and not at
his own request, an official or employee is transferred from
one station to another, said official or employee and his
spouse and children below twenty-one years of age shall be
entitled to transportation and freight for reasonable and
necessary baggage and household effects, at the expense of
the Government, to be paid from the appropriation for
traveling expenses of the bureau or office
concerned.chanrobles virtual law library
Sec. 75. Purchase, Use, Operation and Maintenance of
Motor Transport Equipment. - No appropriation for
equipment authorized in the General Appropriations Act
shall be used directly or indirectly for the purchase of
automobiles, jeeps, jitneys, station wagons, motorcycles,
ADMINISTRATIVE CODE OF 1987
trucks, launches, speedboats, airplanes, helicopters and
other types of motor transport equipment unless otherwise
specifically authorized by the President.chanrobles virtual
law library
All departments, bureaus, offices and agencies authorized
to purchase motor transport equipment including those
acquired through donations, gifts or gratuitous title are
likewise authorized to use, operate and maintain them for
purposes of carrying out the official functions and activities
of the agency. These motor vehicles shall be used strictly
for official business, bear government plates only, and after
office hours kept in garage provided therefor by the office
or agency to which they belong, except, when in use for
official business outside office hours. The President,
however, may authorize exceptions from these provisions
for officials of government who work under extended hours
or whose activities call for special security arrangements.
Any violation of the provisions of this section shall subject
the erring official or employee to administrative
disciplinary action and he shall be personally liable for any
loss or damage caused to the government or third
persons.chanrobles virtual law library
The Commission on Audit shall issue rules and
regulations governing the use, operation and maintenance
of government motor transport equipment.chanrobles
virtual law library
Sec. 76. Limitation of Rental of Motor Vehicles. - No
appropriations authorized in the General Appropriations
Act shall be used for renting motor transport equipment for
a continuous period of more than fifteen days, except as

may be authorized by the Secretary.chanrobles virtual law
library
Sec. 77. Limitation of Purchase of Supplies, Materials, and
Equipment Spare Parts. - Except as otherwise provided in
the General Appropriations Act, the stock on hand of
supplies, materials and equipment spare parts, acquired
through ordinary and emergency purchase, shall at no time
exceed normal three-month requirements, subject to the
pertinent rules and regulations issued by competent
authority: Provided, That department heads may approve
the build-up of stocks on hand of critical supplies and
materials, in anticipation of cost increases or requirements
of a national emergency, and specifying maximum
quantities of individual items, but in no case shall these
stocks exceed more than one year's supply, unless
otherwise approved by the President.chanrobles virtual
law library
Sec. 78. Purchase of Locally Manufactured Products. - All
appropriations for the purchase of equipment, supplies and
materials authorized in the General Appropriations Act
shall be available only for locally manufactured equipment;
parts, accessories, medicines and drugs, supplies and
materials, except when none is available in the market or
when the price of the locally manufactured article exceed
those determined by the Flag Law.chanrobles virtual law
library
Sec. 79. Availability of Appropriations for Rental of
Building and Grounds. - Any appropriation authorized in
any Act for rental of buildings and grounds for any
department, bureau, office or agency shall be available for
ADMINISTRATIVE CODE OF 1987
expenditure only when authorized by the department head
concerned. Such appropriation may also be used for lease-
purchase arrangements.chanrobles virtual law library
With the concurrence of the Secretary of Budget and
Management and the Secretary of Finance, the head of the
department may contract with any government financial
institution for loans intended for the acquisition of land for
the construction of an office building for any of the agencies
under the department. Annual amortization of the loans
shall be taken from the appropriation for rental authorized
under any Act for the department, bureau or office
concerned.chanrobles virtual law library
Sec. 80. Misuse of Government Funds and Property. - Any
public official or employee who shall apply any government
fund or property under his administration or control to any
use other than for which such fund or property is
appropriated by laws, shall suffer the penalty imposed
under the appropriate penal laws.
BOOK VII
ADMINISTRATIVE PROCEDURE
Chapter 1
GENERAL PROVISIONS
Sec. 1. Scope. - This Book shall be applicable to all
agencies as defined in the next succeeding section, except
the Congress, the Judiciary, the Constitutional
Commissions, military establishments in all matters
 ADMINISTRATIVE CODE OF 1987

relating exclusively to Armed Forces personnel, the Board Sec. 19. Appeal. - Unless otherwise provided by law or
of Pardons and Parole, and state universities and executive order, an appeal form a final decision of the
colleges.chanrobles virtual law library agency may be taken to the Department head.

Chapter 2 FINAL PROVISIONS

RULES AND REGULATIONS
Sec. 27. Repealing Clause. - All laws, decrees, orders, rules
Sec. 3. Filing. - (1) Every agency shall file with the and regulations, or portions thereof, inconsistent with this
University of the Philippines Law Center three (3) certified Code are hereby repealed or modified accordingly.
copies of every rule adopted by it. Rules in force on the date
of effectivity of this Code which are not filed within three DONE in the City of Manila, this 25th day of July, in the
(3) months from that date shall not thereafter be the basis year of Our Lord, nineteen hundred and eighty-seven.c
of any sanction against any party or persons.chanrobles
virtual law library

Chapter 3
ADJUDICATION

Sec. 10. Compromise and Arbitration. - To expedite

administrative proceedings involving conflicting rights or
claims and obviate expensive litigations, every agency shall,
in the public interest, encourage amicable settlement,
comprise and arbitration.

Chapter 4
ADMINISTRATIVE APPEAL INCONTESTED CASES